BILL NUMBER: SB 214	CHAPTERED  10/01/01

	CHAPTER  401
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2001
	PASSED THE SENATE  SEPTEMBER 14, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 5, 2001
	AMENDED IN ASSEMBLY  AUGUST 31, 2001
	AMENDED IN ASSEMBLY  JUNE 25, 2001
	AMENDED IN SENATE  JUNE 4, 2001
	AMENDED IN SENATE  MARCH 26, 2001

INTRODUCED BY   Senator Alpert
   (Coauthors:  Senators Karnette and Vincent)

                        FEBRUARY 13, 2001

   An act to amend Sections 1090, 35120, and 72425 of the Education
Code, relating to school boards.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 214, Alpert.  School districts:  boards of education:
community college districts.
   Under existing law, every school district is required to be under
the control of a board of school trustees or a board of education.
Existing law prescribes the powers and duties of boards of education
as well as the procedures for electing or appointing a member to a
board of education.  Existing law establishes the California
Community College system, under which community college districts
throughout the state are administered by governing boards.  Existing
law establishes the amount of compensation a member of a county board
of education and a member of a governing board of a school district
or community college district may receive for attending board
meetings.  For a member of a county board of education, the amount of
compensation varies according to the classification of the county
based on its average daily attendance.  For a member of a school
district or community college governing board, the amount varies
based on the average daily attendance of the school district for the
prior school year.
   This bill would  authorize the county board of education, the
governing board of a school district, and the governing board of a
community college district to increase the compensation of individual
board members of the county board of education, the governing board
of a school district, and the governing board of a community college
district, respectively, beyond the limits provided by those
provisions by an amount not to exceed 5% based on the present monthly
rate of compensation, to be effective upon the approval of the
county board of education, governing board of the school district, or
governing board of the community college district, respectively, but
subject to rejection by a majority of the electors in that district
voting in a referendum established for that purpose.


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


  SECTION 1.  The Legislature finds and declares that, with the many
reforms that have been enacted in recent years and the increase in
authority and responsibility that governing board members are
expected to ably and knowledgeably exercise, it is reasonable to
expect the members of the governing board of a school district,
community college district, and a county board of education to
participate in training and education programs that assist them in
fulfilling their obligations and carrying out their duties.
  SEC. 2.  Section 1090 of the Education Code is amended to read:
   1090.  (a) The board of supervisors may allow, as compensation, to
each member of the county board of education a sum not to exceed the
following amounts:
   (1) In any class one county, each member of the county board of
education who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed six hundred
dollars ($600) per month.
   (2) In any class two county, each member of the county board of
education who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed four hundred
dollars ($400) per month.
   (3) In any class three county, each member of the county board of
education who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed three
hundred dollars ($300) per month.
   (4) In any class four county, each member of the county board of
education who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed two hundred
dollars ($200) per month.
   (5) In any class five, class six, class seven, or class eight
county, each member of the county board of education who actually
attends all meetings held may receive as compensation for his or her
services a sum not to exceed one hundred sixty dollars ($160) per
month.
   (b) Any member who does not attend all meetings held in any month
may receive as compensation for his or her services an amount not
greater than the maximum amount allowed by subdivision (a) divided by
the number of meetings held, and multiplied by the number of
meetings actually attended.
   (c) The amount of compensation shall be determined by the county
board of supervisors, or, in a county having a fiscally independent
county board of education, by the county board of education.
   (d) A member of a county board of education may be paid for any
meeting for which he or she is absent if the board by resolution duly
adopted and included within its minutes finds that at the time of
the meeting he or she was performing services outside the meeting on
behalf of the board, he or she was ill or on jury duty, or the
absence was due to a hardship deemed acceptable by the board.
   (e) There may also be allowed to each member who uses a privately
owned automobile in the discharge of necessary official duties as a
member of the county board of education, the same amount as allowed
by any county official in the performance of his or her official
duties.  The mileage rate allowed in this section shall be based on
the total mileage claimed in a calendar month.
   (f) For purposes of this section, the classification of counties
shall be determined pursuant to Section 1205.
   (g) On an annual basis, the county board of education may increase
the compensation of individual board members beyond the limits
delineated in this section, in an amount not to exceed 5 percent
based on the present monthly rate of compensation.  Any increase made
pursuant to this section shall be effective upon approval by the
county board of education.  This action may be rejected by a majority
of the voters in that county voting in a referendum established for
that purpose, as prescribed by Chapter 3 (commencing with Section
17200) of Part 2 of Division 17 of the Elections Code.
  SEC. 3.  Section 35120 of the Education Code is amended to read:
   35120.  (a) (1) In any school district in which the average daily
attendance for the prior school year exceeded 400,000, each member of
the city board of education or the governing board of the district
who actually attends all meetings held may receive as compensation
for his or her services a sum not to exceed two thousand dollars
($2,000) per month.
   (2) In any school district that is not located in a city and
county, and in which the average daily attendance for the prior
school year exceeded 60,000, the governing board may prescribe, as
compensation for the services of each member of the board who
actually attends all meetings held, a sum not to exceed one thousand
five hundred dollars ($1,500) in any month.
   (3) In any school district in which the average daily attendance
for the prior school year was 60,000, or less, but more than 25,000,
each member of the city board of education or the governing board of
the district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed seven
hundred fifty dollars ($750) in any month.
   (4) In any school district in which the average daily attendance
for the prior school year was 25,000, or less, but more than 10,000,
each member of the city board of education or the governing board of
the district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed four hundred
dollars ($400) in any month.
   (5) In any school district in which the average daily attendance
for the prior school year was 10,000 or less but more than 1,000,
each member of the city board of education or the governing board of
the district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed two hundred
forty dollars ($240) in any month.
   (6) In any school district in which the average daily attendance
for the prior school year was 1,000 or less but more than 150, each
member of the city board of education or the governing board of the
district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed one hundred
twenty dollars ($120) in any month.
   (7) In any school district in which the average daily attendance
for the prior school year was less than 150, each member of the city
board of education or the governing board of the district who
actually attends all meetings held may receive as compensation for
his or her services a sum not to exceed sixty dollars ($60) per
month.
   (8) Any member who does not attend all meetings held in any month
may receive, as compensation for his or her services, an amount not
greater than the maximum amount allowed by this subdivision divided
by the number of meetings held and multiplied by the number of
meetings actually attended.
   (9) For the purposes of providing compensation pursuant to
paragraphs (1) to (7), inclusive, average daily attendance for the
prior school year may be increased by a school district's percentage
of excused absences reported for the 1996-97 fiscal year.
   (b) The compensation of members of the governing board of a school
district newly organized or reorganized shall be governed by
subdivision (a).  For this purpose, the total average daily
attendance in all of the schools of the district in the school year
in which the organization or reorganization became effective pursuant
to Section 4062 shall be deemed to be the average daily attendance
in the district for the prior school year.
   (c) A member may be paid for any meeting when absent if the board
by resolution duly adopted and included in its minutes finds that at
the time of the meeting he or she is performing services outside the
meeting for the school district or districts, he or she was ill or on
jury duty, or the absence was due to a hardship deemed acceptable by
the board.
   (d) The compensation shall be a charge against the funds of the
school district.  If the city board of education or the governing
board of the district is the governing board of more than one school
district, the compensation shall be charged against and paid by the
respective school districts in the same proportion as the salary of
the city superintendent of schools is charged against them.
Compensation shall be reduced by an amount equal to any salary or
compensation paid to the members of the city board of education from
any funds of the city.
   (e) On an annual basis, the governing board may increase the
compensation of individual board members beyond the limits delineated
in this section, in an amount not to exceed 5 percent based on the
present monthly rate of compensation.  Any increase made pursuant to
this section shall be effective upon approval by the governing board.
  The action may be rejected by a majority of the voters in that
district voting in a referendum established for that purpose, as
prescribed by Chapter 3 (commencing with Section 17200) of Part 2 of
Division 17 of the Elections Code.
  SEC. 4.  Section 72425 of the Education Code is amended to read:
   72425.  (a) (1) In any community college district that is not
located in a city and county, and in which the average daily
attendance for the prior school year exceeded 60,000, the governing
board may prescribe, as compensation for the services of each member
of the board who actually attends all meetings held by the board, a
sum not to exceed one thousand five hundred dollars ($1,500) in any
month.
   (2) In any community college district in which the average daily
attendance for the prior school year was 60,000 or less, but more
than 25,000, each member of the governing board of the district who
actually attends all meetings held by the board, may receive as
compensation for his or her services a sum not to exceed seven
hundred fifty dollars ($750) in any month.
   (3) In any community college district in which the average daily
attendance for the prior school year was 25,000 or less, but more
than 10,000, each member of the governing board of the district who
actually attends all meetings held may receive as compensation for
his or her services a sum not to exceed four hundred dollars ($400)
in any month.
   (4) In any community college district in which the average daily
attendance for the prior school year was 10,000 or less, but more
than 1,000, each member of the governing board of the district who
actually attends all meetings held by the board may receive as
compensation for his or her services a sum not to exceed two hundred
forty dollars ($240) in any month.
   (5) In any community college district in which the average daily
attendance for the prior school year was 1,000 or less, but more than
150, each member of the governing board of the district who actually
attends all meetings held by the board may receive as compensation
for his or her services a sum not to exceed one hundred twenty
dollars ($120) in any month.
   (b) Any member of a governing board who does not attend all
meetings held by the board in any month may receive, as compensation
for his or her services, an amount not greater than a pro rata share
of the number of meetings actually attended based upon the maximum
compensation authorized by this subdivision.
   (c)  The compensation of members of the governing board of a
community college district newly organized or reorganized shall be
governed by subdivision (a).  For this purpose, the total average
daily attendance in all of the community colleges of the district in
the school year in which the organization or reorganization became
effective pursuant to Section 4062 shall be deemed to be the average
daily attendance in the district for the prior school year.
   (d)  A member may be paid for any meeting when absent if the board
by resolution duly adopted and included in its minutes finds that at
the time of the meeting he or she is performing services outside the
meeting for the community college district, he or she was ill or on
jury duty, or the absence was due to a hardship deemed acceptable by
the board.  The compensation shall be a charge against the funds of
the district.
   (e) On an annual basis, the governing board may increase the
compensation of individual board members beyond the limits delineated
in this section, in an amount not to exceed 5 percent based on the
present monthly rate of compensation.  Any increase made pursuant to
this section shall be effective upon approval by the governing board.
  The action may be rejected by a majority of the voters in that
district voting in a referendum established for that purpose, as
prescribed by Chapter 3 (commencing with Section 17200) of Part 2 of
Division 17 of the Elections Code.