The Santa Clara County Board of Education has accepted the resignation of trustee Darcie Green, and directed its staff to present procedures for replacing her.
The county school board passed its resolution on a 5-to-0 vote, with trustee Anna Song abstaining.
Green had been named to the board in October to represent areas of East San Jose on the seven-member board. But Santa Clara County District Attorney Jeff Rosen in January issued a letter declaring her appointment null and void, because he said the board used the wrong residential boundaries in determining eligibility to serve.
The board, which had been advised by the law firm Lozano Smith, disagreed and did not take action.
But Green resigned suddenly on Tuesday, saying she didn't want to embroil the board and the county office of education in a legal dispute. She said she planned to move in order to live in an undisputed area, and to seek her old seat.
The board may choose to appoint a replacement or to call for an election to represent what's known as Trustee Area 6, which used to cover the areas in the Evergreen, Franklin McKinley and Oak Grove school districts.