AB 1493: School district and community college district governing boards: vacancy elections.
This bill aims to amend the law regarding school district and community college district elections. When a vacancy occurs, the governing board must either order an election or make a provisional appointment within 60 days. The provisional appointee would remain in office until the special election result is certified. A special election would be consolidated with the next regularly scheduled election, which must be scheduled at least 88 days after the order of the election. The provisional appointee would hold office until the next regularly scheduled election that is scheduled 130 days or more after the effective date of the vacancy. The state would be responsible for reimbursing local agencies and school districts for any mandated costs.
| Jan. 07, 2026 | From committee: Without further action pursuant to Joint Rule 62(a). |
| Jan. 07, 2026 | In committee: Set, second hearing. Failed passage. |
| Jan. 06, 2026 | Re-referred to Com. on ED. |
| Jan. 05, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Apr. 30, 2025 | In committee: Set, first hearing. Failed passage. Reconsideration granted. |
| Amended IN Assembly January 05, 2026 |
| Amended IN Assembly March 24, 2025 |
| Introduced by Assembly Member Ávila Farías |
February 21, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law sets out performance standards and procedures for the renewal of the charter of an existing charter school based on the charter school’s performance level as determined by data reported on the California School Dashboard, with specific requirements for renewal applicable to 3 specified tiers of performance for those charter schools.
Existing law, until January 1, 2026, requires a chartering authority, in its renewal decision for the 2 lower performing tiers of charter schools, to also consider whether the charter school has shown measurable increases in academic achievement or strong postsecondary outcomes, as demonstrated by verified data, as defined. Existing law requires the State Board of Education, on or before January 1, 2021, to establish criteria to define verified data and identify an approved list of valid and reliable assessments to be used for this purpose. Existing law requires a chartering authority, after January 1, 2026, to use only the data reported on the dashboard in making a renewal decision.
This bill would require a chartering authority, in its renewal decision for the 2 lower performing tiers of charter schools, to instead consider increases in academic achievement or strong postsecondary outcomes until the student-level growth model for English language arts and mathematics, adopted by the state board, is fully implemented as to provide the 2 years of data necessary for purposes of charter school renewal. To the extent the bill would impose additional duties on local educational agencies acting as chartering authorities, the bill would impose a state-mandated local program.
This bill would make conforming changes relating to these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 5091 of the Education Code is amended to read:5091.
(a) (1) If a vacancy occurs, or if a resignation has been filed with the county superintendent of schools containing a deferred effective date, the school district or community college district governing board shall, within 60 days of the vacancy or the filing of the deferred resignation, either order an election or make a provisional appointment to fill the vacancy. A governing board member may not defer the effective date of the member’s resignation for more than 60 days after the member files the resignation with the county superintendent of schools.(2)(A)The
(B)Notwithstanding subparagraph (A), the election may be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)(1)The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:
(A)The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.
(B)For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.
(2)A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision.
(3)The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) only upon making both of the following written factual findings, specific to the particular petition, setting forth specific facts to support the findings:
(A)The charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school.
(B)There is clear and convincing evidence showing either of the following:
(i)The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.
(ii)Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.
(C)Clauses (i) and (ii) of subparagraph (B) shall be demonstrated by verified data, as defined in subdivision (c).
(4)Verified data, as defined in subdivision (c), shall be considered by the chartering authority until the state board adopted student-level growth model for English language arts and mathematics is fully implemented as to provide the two years of data necessary for purposes of charter school renewal.
(5)For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years.
(b)(1)For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5.
(2)The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal.
(3)In addition to the state and local indicators, the chartering authority shall consider clear and convincing evidence showing either of the following:
(A)The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.
(B)Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.
(4)Subparagraphs (A) and (B) of paragraph (3) shall be demonstrated by verified data, as defined in subdivision (c).
(5)The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils and, if applicable pursuant to paragraphs (2) and (3), that its decision provided greater weight to performance on measurements of academic performance.
(6)Verified data, as defined in subdivision (c), shall be considered by the chartering authority until the state board adopted student-level growth model for English language arts and mathematics is fully implemented as to provide the two years of data necessary for purposes of charter school renewal.
(7)For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years.
(c)(1)For purposes of this section, “verified data” means data derived from nationally recognized, valid, peer-reviewed, and reliable sources that are included on the approved list of assessments adopted and maintained by the state board. Verified data shall include measures of postsecondary outcomes.
(2)Revisions to the approved list of assessments maintained by the state board shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3)The state board may adopt and make necessary revisions to the approved list of assessments maintained by the state board in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.