Bill Text: CA AB1007 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Governing boards: pupil members.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1007 Detail]

Download: California-2009-AB1007-Amended.html

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BILL NUMBER: AB 1007	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 27, 2009

   An act to amend Section 35012 of the Education Code, relating to
 governing boards, and declaring the urgency thereof, to take
effect immediately.   governing boards. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1007, as amended, Carter. Governing boards: pupil members.
   (1) Existing law requires the governing board of a school district
maintaining one or more high schools to appoint to its membership
one or more nonvoting pupil members if pupils petition the governing
board to make those appointments.
    This bill, commencing July 1, 2009, would delete the
requirement that a petition be submitted, and instead require the
governing board of a school district to appoint one or more nonvoting
pupil members to the board.   This bill would require
the governing board to appoint the pupil member or members within 30
days of receiving the petition, or at its next regularly scheduled
meeting if no meeting is held within those 30 days, as specified.
 Because the bill would require school districts to provide a
higher level of service, it would impose a state-mandated local
program.  The bill would authorize the governing board to adopt a
resolution authorizing a pupil advisory board to assist the pupil
member or members in executing duties relating to serving on the
board. 
   (2) 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 these
statutory provisions. 
   (3) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 35012 of the  
Education Code   is amended to read: 
   35012.  (a) Except as otherwise provided, the governing board of a
school district shall consist of five members elected at large by
the qualified voters of the district. The terms of the members shall,
except as otherwise provided, be for four years and staggered so
that as nearly as practicable one-half of the members shall be
elected in each odd-numbered year.
   (b) A unified school district may have a governing board of seven
members in the event the proposal for unification has specified a
governing board of seven members. The members of the board shall be
elected at large or by trustee areas as designated in the proposal
for unification and shall serve four-year terms of office.
   (c) Notwithstanding subdivision (a), and except as provided in
this subdivision and Section 5018, the governing board of an
elementary school district other than a union or joint union
elementary school district shall consist of three members selected at
large from the territory comprising the district. Whenever, in any
such elementary school district the average daily attendance during
the preceding fiscal year is 300 or more, the procedures prescribed
by Section 5018 shall be undertaken.
   (d) There may be submitted to the governing board of a school
district maintaining one or more high schools a pupil petition
requesting the governing board to appoint one or more nonvoting pupil
members to the board pursuant to this section.
   There may also be submitted to the governing board of a school
district maintaining one or more high schools a pupil petition
requesting the governing board to allow preferential voting for the
pupil member or members of the board. This request may be made in the
original petition for pupil representation on the board or in a
separate petition after a pupil member or members have been appointed
to the board.
   Whether for pupil representation or for preferential voting for
the pupil member or members, the petition shall contain the
signatures of either (a) not less than 500 pupils regularly enrolled
in high schools of the district, or (b) not less than 10 percent of
the number of pupils regularly enrolled in high schools of the
district, whichever is less.  Upon receipt of a petition for
pupil representation, the governing board shall, commencing July 1,
1976, and each year thereafter,   Each fiscal year, and
within 30 days of receipt of a petition for pupil representation, or
at its next regularly scheduled meeting if no meeting is held within
those 30 days, the governing board, shall  order the inclusion
within the membership of the governing board, in addition to the
number of members otherwise prescribed, at least one nonvoting pupil
member. The board may order the inclusion of more than one nonvoting
pupil member.
   Upon receipt of a petition for preferential voting for the pupil
member or members, the governing board shall allow preferential
voting for the pupil member or members of the governing board.
   Preferential voting, as used in the section, means a formal
expression of opinion that is recorded in the minutes and cast prior
to the official vote of the governing board. A preferential vote will
not serve in determining the final numerical outcome of a vote. No
preferential vote will be solicited on matters subject to closed
session discussion.
   The governing board may adopt a resolution authorizing the
nonvoting or preferential voting pupil member or members to make
motions that may be acted upon by the governing board, except on
matters dealing with employer-employee relations pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code.
   Each pupil member shall have the right to attend each and all
meetings of the governing board, except executive sessions.  The
governing   board may adopt a resolution authorizing a pupil
advisory board to assist the pupil member in executing the duties
prescribed by this section and those prescribed by the governing
board. The structure and composition of such a board shall be
determined by the governing board. 
   Any pupil selected to serve as a nonvoting or preferential voting
member of the governing board shall be enrolled in a high school of
the district, may be less than 18 years of age, and shall be chosen
by the pupils enrolled in the high school or high schools of the
district in accordance with procedures prescribed by the governing
board. The term of a pupil member shall be one year commencing on
July 1 of each year.
   A nonvoting or preferential voting pupil member shall be entitled
to the mileage allowance to the same extent as regular members, but
is not entitled to the compensation prescribed by Section 35120.
   A nonvoting or preferential voting pupil member shall be seated
with the members of the governing board and shall be recognized as a
full member of the board at the meetings, including receiving all
materials presented to the board members and participating in the
questioning of witnesses and the discussion of issues.
   The nonvoting or preferential voting pupil member shall not be
included in determining the vote required to carry any measure before
the board.
   The nonvoting or preferential voting pupil member shall not be
liable for any acts of the governing board.
   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.  
  SECTION 1.    Section 35012 of the Education Code
is amended to read:
   35012.  (a) Except as otherwise provided, the governing board of a
school district shall consist of five members elected at large by
the qualified voters of the district. The terms of the members shall,
except as otherwise provided, be for four years and staggered so
that as nearly as practicable one-half of the members shall be
elected in each odd-numbered year.
   (b) A unified school district may have a governing board of seven
members in the event the proposal for unification has specified a
governing board of seven members. The members of the board shall be
elected at large or by trustee areas as designated in the proposal
for unification and shall serve four-year terms of office.
   (c) Notwithstanding subdivision (a), and except as provided in
this subdivision and Section 5018, the governing board of an
elementary school district other than a union or joint union
elementary school district shall consist of three members selected at
large from the territory comprising the district. Whenever, in any
such elementary school district the average daily attendance during
the preceding fiscal year is 300 or more, the procedures prescribed
by Section 5018 shall be undertaken.
   (d) (1) Commencing July 1, 2009, the governing board of a school
district maintaining one or more high schools shall appoint one or
more nonvoting pupil members to the board.
   (2) There may be submitted to the governing board of a school
district maintaining one or more high schools a pupil petition
requesting the governing board to allow preferential voting for the
pupil member or members of the board. This petition shall contain the
signatures of either (a) not less than 500 pupils regularly enrolled
in high schools of the district, or (b) not less than 10 percent of
the number of pupils regularly enrolled in high schools of the
district, whichever is less.
   (3) Upon receipt of this petition, the governing board shall allow
preferential voting for the pupil member or members of the governing
board.
   (4) "Preferential voting," as used in the section, means a formal
expression of opinion that is recorded in the minutes and cast prior
to the official vote of the governing board. A preferential vote will
not serve in determining the final numerical outcome of a vote. No
preferential vote will be solicited on matters subject to closed
session discussion.
   (5) The governing board may adopt a resolution authorizing the
nonvoting or preferential voting pupil member or members to make
motions that may be acted upon by the governing board, except on
matters dealing with employer-employee relations pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code.
   (6) Each pupil member shall have the right to attend each and all
meetings of the governing board, except executive sessions.
   (7) Any pupil appointed to serve as a nonvoting or preferential
voting member of the governing board shall be enrolled in a high
school of the district, may be less than 18 years of age, and shall
be chosen by the pupils enrolled in the high school or high schools
of the district in accordance with procedures prescribed by the
governing board. The term of a pupil member shall be one year
commencing on July 1 of each year.
   (8) A nonvoting or preferential voting pupil member shall be
entitled to the mileage allowance to the same extent as regular
members, but is not entitled to the compensation prescribed by
Section 35120.
   (9) A nonvoting or preferential voting pupil member shall be
seated with the members of the governing board and shall be
recognized as a full member of the board at the meetings, including
receiving all materials presented to the board members and
participating in the questioning of witnesses and the discussion of
issues.
   (10) The nonvoting or preferential voting pupil member shall not
be included in determining the vote required to carry any measure
before the board.
   (11) The nonvoting or preferential voting pupil member shall not
be liable for any acts of the governing board.  
  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.  
  SEC. 3.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   In order for this bill to be implemented during the 2009-10 school
year, it is necessary that this act take effect immediately.