New Term Start Date
As new Governing Board members in California begin taking office this election year, it is imperative that Boards remain mindful of important dates and deadlines. Education Code section 5017 states that newly elected Board members’ terms commence on the second Friday in December following their election. This cycle, that date falls on Friday, December 11th. Therefore, new terms may not commence until the member is sworn in and the date is on or after Friday, December 11, 2026. Following December 11th, and until a Board member is sworn in or takes the oath of office, an incumbent whose term is expiring continues to serve until the new member has been sworn in. (See Educ. Code § 5017; Gov. Code § 1360.) Importantly, since the term for recently elected Board members may not commence until December 11th, such persons may not engage in their duties or functions until that date. Please also note that any person who exercises any function of public office without first taking the oath of office is guilty of a misdemeanor. (Gov. Code § 1303.)
Required Window to Hold Annual Organizational Meetings
Relatedly, Education Code section 35143 requires Boards to hold an annual organizational meeting within a 15-day period commencing with the second Friday in December after the regular election. This year, that window is from December 11-25, 2026. Education Code section 35143 also requires the Board to select “the day and time of the annual meeting … at its regular meeting held immediately prior to the first day of such 15-day period, and the board shall notify the county superintendent of schools of the day and time selected.” (Emphasis added.) The current clerk of the Board must then, within 15 days prior to the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the annual organizational meeting. (Id.)
Key Takeaways and Action Items
In short, a new Board member terms do not start until on or after the second Friday in December (December 11, 2026) following this November’s election and only upon taking the oath of office. This year, Annual Organizational Meetings must occur between December 11-25, 2026. It is recommended that your District:
- Review the date your Annual Organizational Meeting is currently scheduled for to confirm it falls within December 11-26, 2026;
- If it does not, the Board should take action to revise its annual calendar of regular meetings to reset the Annual Organizational meeting to within this timeframe; and
- Review, and if needed, amend, your Board Bylaws 9100 (Organization) and/or 9110 (Terms of Office) to ensure they align with the time window’s required within the Education Code.
This alert was co-written by Jonathan Salt, Partner, and Tiffany Caram, Associate.
