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 SENATE  JULY 23, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Carter
    (   Coauthor:   Senator   Romero
  ) 

                        FEBRUARY 27, 2009

   An act to amend Section 35012 of the Education Code, relating to
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 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.
   Vote: 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 
    (d)     (1)     (A) 
   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 
    (B)     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 
    (2)     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   fewer  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. 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 
    (3)     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   this
 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 
    (4)    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 
    (5)     The  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 
    (6)     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 
    (7)     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 
    (8)     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 
    (9)     The  nonvoting or preferential
voting pupil member shall not be included in determining the vote
required to carry any measure before the board. 
   The 
    (10)     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.