BILL NUMBER: AB 844	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2011
	AMENDED IN ASSEMBLY  MAY 5, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 17, 2011

   An act to  amend Section 72023.5 of, and to  add Section
66016.3 to  , the Education Code, relating to 
student government.   postsecondary education. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 844, as amended, Lara. Student government: students qualifying
for exemption from nonresident  tuition.  
tuition: California Community Colleges: governing board membership.
 
   The 
    (1)     The  Donahoe Higher Education
Act sets forth, among other things, the missions and functions of
California's public and independent segments of higher education, and
their respective institutions of higher education.
   Existing law exempts a student, other than a nonimmigrant alien,
as defined, from paying nonresident tuition at the California State
University and the California Community Colleges if certain
requirements are met. Those requirements include that the person has
attended high school in California for 3 or more years, has graduated
from a California high school or has attained the equivalent
thereof, has registered at or attends an accredited institution of
higher education in California not earlier than the fall semester or
quarter of the 2001-02 academic year, and, if the person is without
lawful immigration status, has filed a certain affidavit.
   This bill would add a provision to the Donahoe Higher Education
Act that would provide that any student, including a person without
lawful immigration status, or a person who is exempt from nonresident
tuition, as described above, may serve in any capacity in student
government at the California State University or the California
Community Colleges and receive any grant, scholarship, fee waiver, or
reimbursement for expenses that is connected with that service to
the full extent consistent with federal law. The University of
California would be requested to comply with this provision. 
   (2) Existing law requires the governing board of each community
college district to order the inclusion within the membership of the
governing board of one or more nonvoting students who are residents
of California, as determined pursuant to specified provisions of
existing law, are enrolled in a community college of the district,
and chosen by students enrolled in a college of the district in
accordance with procedures prescribed by the governing board. 

   This bill would eliminate the requirement that a nonvoting student
member of the governing board be a resident of California. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 66016.3 is added to the Education Code, to
read:
   66016.3.  (a) Any student, including a person without lawful
immigration status, or a person who is exempt from nonresident
tuition pursuant to Section 68130.5, may serve in any capacity in
student government at the California State University or the
California Community Colleges and receive any grant, scholarship, fee
waiver, or reimbursement for expenses incurred connected with that
service to the full extent consistent with federal law.
   (b) The University of California is requested to comply with this
section.
   SEC. 2.    Section 72023.5 of the  
Education Code   is amended to read: 
   72023.5.  (a) The governing board of each community college
district shall order the inclusion within the membership of the
governing board, in addition to the number of members otherwise
prescribed, of one or more nonvoting students  who are
residents of California as determined pursuant to Part 41 (commencing
with Section 68000)  . These students shall have the right
to attend each and all meetings of the governing board, except that
student members shall not have the right, or be afforded the
opportunity, to attend executive sessions of the governing board.
   The students selected to serve on the governing board,  in
addition to being residents of California as determined pursuant to
Part 41 (commencing with Section 68000),  shall be enrolled
in a community college of the district and shall be chosen, and shall
be recalled, by the students enrolled in the community colleges of
the district in accordance with procedures prescribed by the
governing board. A student member shall be required throughout the
term of his or her appointment to be enrolled in a community college
of the district for at least five semester units, or its equivalent,
and shall meet and maintain the minimum standards of scholarship for
community college students prescribed by the community college
district. The term of the student members shall be one year
commencing on June 1 of each year.
   The nonvoting student members appointed pursuant to this section
shall be entitled to mileage allowance to the same extent as regular
members, but are not entitled to the compensation prescribed by
Section 72425.
   A nonvoting student 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 
    A  nonvoting student member shall not be included in
determining the vote required to carry any measure before the board.

   The 
    A  nonvoting student member shall not be liable for any
acts of the governing board.
   (b) Notwithstanding subdivision (a), the  nonvoting 
student member or members selected to serve on the governing board of
a community college district pursuant to subdivision (a) may do any
of the following:
   (1) Make and second motions at the discretion of the governing
board.
   (2) Attend closed sessions, other than closed sessions on
personnel matters or collective bargaining matters, at the discretion
of the governing board.
   (3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72425.
   (4) Serve a term of one year commencing on May 15 of each year, at
the discretion of the governing board.
   (c) It is the intent of the Legislature that any decision or
action, including any contract entered into pursuant thereto, upon
the motion or second of a motion of a student member, shall be fully
legal and enforceable against the district or any party thereto.
   (d) The governing board of each community college district that
affords the student member or members of the board any of the
privileges enumerated in subdivision (b) shall, by May 15 of each
year, adopt rules and regulations implementing this section. These
rules and regulations shall be effective until May 15 of the
following year.