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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 6§ 45313 Commission Legal Counsel Duties

§ 45313 Commission Legal Counsel Duties

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 45313 Commission Legal Counsel Duties

Key Takeaways

  • •The school board's lawyer must help the commission with legal stuff unless there's a conflict.
  • •If the lawyer doesn't reply to the commission's request in 15 work days, it's like they said no.
  • •If the lawyer or commission thinks there's a conflict, the commission can hire its own lawyer.
  • •The school district pays for the commission's lawyer if there's a conflict or the lawyer refuses to help.

Example

The commission wants to sue the school district for not fixing old school buildings, but the school board's lawyer works for the district.

The lawyer can't help the commission because it would be like helping both sides in a fight. So, the commission can hire its own lawyer, and the school district has to pay for it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 45313 Commission Legal Counsel Duties

(a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter. (b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the school district. (2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the school district. A conflict shall not be found pursuant to this paragraph unless approved by a majority vote of the members of the commission. (c) If the legal counsel or the commission finds that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost of the attorney shall constitute a legal charge against the general funds of the school district. (Amended by Stats. 2020, Ch. 48, Sec. 1. (AB 2234) Effective January 1, 2021.)

Last verified: January 23, 2026

Key Terms

legal counselconflict of interestgoverning boardcommissionschool district

Related Statutes

  • § 45244 School Commission Eligibility Rules
  • § 45250 Commission Member Meeting Pay
  • § 45252 Commission Office Accommodations
  • § 45306 Employee Appeal Hearing Rights
  • § 45311 Commission Investigative Powers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45313.
View Official Source