BILL NUMBER: AB 844 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 22, 2011
PASSED THE ASSEMBLY AUGUST 31, 2011
AMENDED IN SENATE JUNE 29, 2011
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 Sections 66016.3
and 66016.4 to, the Education Code, relating to postsecondary
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 844, Lara. Student government: students qualifying for
exemption from nonresident tuition: California Community Colleges:
governing board membership.
(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.
This bill would find and declare that the amendments to the
Donahoe Higher Education Act described above are state laws within
the meaning of a specified federal 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.
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.
(c) The Legislature finds and declares this section is a state law
within the meaning of subsection (d) of Section 1621 of the United
States Code.
SEC. 2. Section 66016.4 is added to the Education Code, to read:
66016.4. If a state court finds that Section 66016.3, or any
similar provision adopted by the Regents of the University of
California, is unlawful, the court may order, as equitable relief,
that the administering entity that is the subject of the lawsuit
terminate any waiver awarded under that statute or provision, but no
money damages, tuition refund or waiver, or other retroactive relief
may be awarded. In any action in which the court finds that Section
66016.3, or any similar provision adopted by the Regents of the
University of California, is unlawful, the California Community
Colleges, the California State University, and the University of
California are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.
SEC. 3. Section 72023.5 of the Education Code is amended to read:
72023.5. (a) (1) 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. 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.
(2) The students selected to serve on the governing board, 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.
(3) 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.
(4) 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.
(5) A nonvoting student member shall not be included in
determining the vote required to carry any measure before the board.
(6) 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.
(e) If a state court finds this section is unlawful, the court may
order, as equitable relief, that the administering entity that is
the subject of the lawsuit terminate any waiver awarded under this
statute or provision, but no money damages, tuition refund or waiver,
or other retroactive relief may be awarded. In any action in which
the court finds this section is unlawful, the California Community
Colleges are immune from the imposition of any award of money
damages, tuition refund or waiver, or other retroactive relief.