Bill Text: CA AB1652 | 2021-2022 | Regular Session | Amended
Bill Title: County boards of education: school district governing boards: members: charter school employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-06-01 - From committee: Do pass and re-refer to Com. on E. & C.A. (Ayes 6. Noes 0.) (June 1). Re-referred to Com. on E. & C.A. [AB1652 Detail]
Download: California-2021-AB1652-Amended.html
|
Amended
IN
Assembly
March 28, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1652
| Introduced by Assembly Member Medina |
January 14, 2022 |
An act to amend Section Sections 1006 and 35107 of the Education Code, relating to county educational agencies. school governance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1652, as amended, Medina.
County boards of education: school district governing boards: members: charter school employees.
Under existing law, any registered voter is eligible to be a member of the county board of education except the county superintendent of schools, any member of the county superintendent of school’s staff, and any employee of a school district that is within the jurisdiction of the county board of education.
This bill would make any charter school employee or executive director of a charter school or resource center ineligible to be a member of the county board of education in the county where their employing school or resource center is located.
authorized, except for a member elected or appointed before January 1, 2023, as provided. The bill would prohibit a member meeting that exception from voting on issues related to their employing charter school.
Existing law makes any person who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and not disqualified from holding a civil office, eligible to be elected or appointed a member of a governing board of a school district, as provided, except that an employee of a school district is prohibited from being sworn into office as an elected or appointed member of that school district’s governing board unless and until that person resigns as an employee.
This bill would also prohibit an executive director or employee of a charter school or resource center from being sworn into office as an elected or appointed member of the school district’s governing board if the charter school or resource center was authorized by the school district, unless and until they resign as an executive director or employee, except for a member elected or appointed before January 1, 2023, as provided. The bill would prohibit a member meeting that exception from voting on issues related to their employing charter school.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1006 of the Education Code is amended to read:1006.
(a) Any registered voter is eligible to be a member of the county board of education except:(1) The county superintendent of schools.
(2) Any member of the county superintendent of schools’ staff.
(3) Any employee of a school district that is within the jurisdiction of the county board of education.
(4) Any executive director of a charter school or resource center in the county where the executive director’s
employing school or resource center is located. authorized.
(5) Any charter school employee in the county where the charter school employee’s employing school or resource center is located. authorized.
(b) (1) The limitation in paragraph (4) or (5) of subdivision (a) shall not apply to a member of a county board of education who was elected or appointed before January 1, 2023, until they are reelected or reappointed, on or after January 1, 2023, as a member of the county board of education.
(2) A member of a county board of education that meets the description in paragraph (4) or (5) of subdivision (a) shall not vote on issues related to their employing charter school.
(b)
(c) Notwithstanding any other law, the county board of education may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the county board of education may serve on the county board of education. Any proposal to limit the number of terms a member of the county board of education may serve on the county board of education shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(c)
(d) An initiative measure proposed pursuant to subdivision (b)
(c) shall be subject to the procedures set forth in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
SEC. 2.
Section 35107 of the Education Code is amended to read:35107.
(a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications.(b) (1) An employee of a school district may shall not be sworn into office as an elected or appointed member of that school district’s governing
board unless and until he or she
that person resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office.
(2) For any individual who is an employee of a school district and an elected or appointed member of that school district’s governing board prior to before January 1, 1992, this subdivision shall apply when he or she that person is reelected or reappointed, on or after January 1, 1992, as a member of the school district’s governing board.
(c) (1) An executive director of a charter school or resource center shall not be sworn into office as an elected or appointed member of the school district’s governing board if the charter school or resource center was authorized by the school district, unless and until they resign as an executive director.
(2) An employee of a charter school or resource center shall not be sworn into office as an elected or appointed member of the school district’s governing board if the charter school or resource center was authorized by the school district, unless and until they resign as an employee.
(3) The limitation in paragraph (1) or (2) shall not apply to a member of the governing board of a school district who was elected or appointed before January 1, 2023, until they are reelected or reappointed, on or after January 1, 2023, as a member of the governing board of the school district.
(4) A member of the governing board of a school district that meets the description in paragraph (1) or (2) shall not vote on issues related to their employing charter school.
(c)
(d) Notwithstanding any other provision of law, the governing board of a school district may adopt or the residents of the school district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the school district may serve on the governing board of the school district. Any proposal to limit the number of terms a member of the governing board of the school district may serve on the governing board of the school district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the school district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(d)
(e) (1) An initiative measure proposed pursuant to subdivision (c)
(d) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) (d) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code.
(e)
(f) A member of the
governing board of a school district shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree.
