Ed. Code, § 5092 · Article 3. Vacancies
Ed. Code, § 5092
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment by all of the following methods:
(1) Posting the notice in three public places in the school district.
(2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published.
(3) Posting the notice on the school district’s internet website.
(b) The notice shall state all of the following:
(1) The fact of the vacancy or resignation.
(2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation.
(3) The full name of the provisional appointee to the board and the date of the provisional appointee’s appointment.
(4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 68, Sec. 1. (AB 1326) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=5092.
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- sha256 f30399aff48d6bc93785b8bc970b2acc52aad40312947baf4d42aa0c7073966b
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Education Code
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