Governor Signs AB 334 Regarding School District And Community College District Board Member Absences From State

Lozano Smith Client News Brief
September 2011
Number 44

Recently Governor Brown signed into law Assembly Bill (AB) 334, which gives school district and community college governing boards greater flexibility in approving absences for their members. AB 334 permits school district and community college governing boards to authorize an extended absence for a board member in the case of illness or urgent necessity.

Prior to the bill's passage and approval by the governor, the law limited the amount of time a school district board could approve such absences to 120 days (60 days plus an extension). If a board member was absent for longer than 120 days, even in cases of medical necessity, the member risked losing his or her seat. Such time limitations for absences do not exist for members of state and municipal boards.

This bill, which amends Government Code section 1064, gives to both school district and community college governing boards the same options and authority state and municipal boards have to meet the health and welfare needs of their elected board members. A Senate committee analysis of the bill noted that advances in medical care and telecommunication technology allow for reasonable out-of-state absences at the discretion of the local governing body.

If you have any questions regarding AB 334, please contact one of our eight offices located statewide or consult our website.

Written by:
David Wolfe
Shareholder & Local Government Practice Group Chair
Fresno Office

Judy Bailey
Fresno Office

2011 Lozano Smith
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As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.