In addition to welcoming new members, in December, school district governing boards across the State will be required to hold their annual organizational meeting. Preparing for the annual organizational meeting can raise questions, especially this year given the particularly late legal window for holding the meeting. The following information outlines the basics all school district governing boards should be considering as they prepare for their annual organizational meetings.
When Must the Annual Organizational Meeting be Held?
For most school district governing boards, this year’s annual organizational meeting must be held during the window of Friday, December 13 through Friday, December 27, 2024. This is because the Education Code requires the meeting to be held within a 15-day period that commences on the second Friday in December in a year in which governing board elections are scheduled. The first day of this period, December 13, also marks the first day of the terms of new board members.
The Education Code requires a school district governing board to select the date and time for this meeting at its last regular meeting before December 13. A governing board also is required to notify the county superintendent of schools of the date and time of the meeting as well as to provide notice to all members and members-elect at least 15 days prior to the meeting.
How Might this Year’s Late Window Impact School Districts?
This year’s late window for the annual organizational meeting may cause two complications for school districts. First, many governing boards may have only scheduled one early December meeting, which falls before the 15-day window. Second, the Education Code also requires school districts governing boards to adopt the first interim budget no later than December 15, 2024.
For these reasons, many schools district governing boards are adding a second board meeting date between December 13 and 28. This allows them to adopt the first interim budget at the first December meeting and hold the annual organizational meeting at the second, later, date. (It may also be possible to reschedule a single December meeting to December 13 to accomplish both purposes, but this option may not be preferred as it is a Friday.)
We also understand some county offices of education are extending the first interim budget adoption deadline. This may allow governing boards in those counties to hold only one meeting between December 13 and December 27, with that meeting functioning as both the annual organizational meeting and the opportunity to adopt the interim budget. School districts planning to proceed with this approach should confirm the extension in writing with their county office.
School districts with elections in odd-numbered years and/or which are governed by a city charter may be subject to different requirements for the timing of the annual organizational meeting.
What Should Occur at the Annual Organizational Meeting?
The Education Code requires a governing board to elect governing board officers during the annual organizational meeting. Board Bylaws may also require the governing board to appoint the superintendent as secretary to the board, approved authorized signers, approve a schedule of regular board meetings for the year, designate representatives for committees, and discuss governance protocols during the annual organizational meeting.
Must New Board Members Take the Oath of Office at the Organizational Meeting?
No. While school district governing board members must take the oath of office between the election and taking their seat on the governing board, there is no requirement that it take place at the annual organizational meeting, or any other board meeting.
The only requirement is that the oath be taken “before” any of the officials listed in Education Code §60 which includes county superintendents of schools, school trustees, members of boards of education, secretaries and assistant secretaries of boards of education, city superintendents of schools, district superintendents of schools, assistant superintendents of schools, deputy superintendents of schools, principals of schools, among others.
We hope this information is helpful to your year-end planning efforts. If you have questions regarding these topics, please contact an attorney with DWK’s Board, Ethics, Transparency and Accountability (BETA) practice group.
