BILL NUMBER: AB 1007 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
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, 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.
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) (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.
(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.
(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 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.
(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 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.
(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.
(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.
(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.
(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.
(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.
(9) The nonvoting or preferential voting pupil member shall not be
included in determining the vote required to carry any measure
before the board.
(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.