BILL NUMBER: AB 1007 INTRODUCED
BILL TEXT
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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1007, as introduced, 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. Because the bill would require school districts to
provide a higher level of service, it would impose a state-mandated
local program.
(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. 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.
(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 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
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.
Upon receipt of a petition for pupil representation, the governing
board shall, commencing July 1, 1976, and each year thereafter,
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
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 selected
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.