BILL NUMBER: AB 447	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 19, 2013

   An act to amend Section 72023.5 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 447, as introduced, Williams. Community colleges: organization
of governing boards: nonvoting student members.
   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 enrolled
in a community college of the district, and chosen by students
enrolled in the community colleges of the district, in accordance
with procedures prescribed by the governing board. Existing law
provides that a nonvoting student member shall not be included in
determining the vote required to carry any measure before the board.
Existing law authorizes a nonvoting student member, at the discretion
of the governing board, to make and second motions, to attend closed
sessions of the governing board, except as provided, to receive a
specified amount of compensation, and to serve a one-year term.
Existing law requires a governing board that affords a nonvoting
student member any of these privileges to adopt rules and regulations
regarding the exercise of those privileges.
   This bill would authorize a nonvoting student member, without
being subject to the discretion of the governing board, to make and
second motions, to attend closed sessions, except as provided, and to
serve a one-year term. This bill would provide that a nonvoting
student member shall not be required to pay fees for courses in which
the member is enrolled during his or her term. This bill would
provide that a nonvoting student member who is eligible for a
specified fee waiver shall not be required to pay fees for courses in
which the member is enrolled during his or her term and shall
receive a stipend in the amount of the fee waiver. This bill would
authorize a nonvoting student member to cast an advisory vote but
would provide that the advisory vote shall not count in determining
the vote required to carry a measure before the governing board.
   By requiring community college districts to record advisory votes
of student members, this bill would impose a state mandated local
program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  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  specified in paragraph (2) of
subdivision (b)  .
   (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 
 May 15  of each year.
   (3)  (A)    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. 
 72024.  
   (B) A nonvoting student member shall not be required to pay fees
for courses in which the member is enrolled during his or her term as
a member. A nonvoting student member who is eligible for a fee
waiver pursuant to Section 76300 shall not be required to pay fees
for courses in which the member is enrolled during his or her term as
a member and shall receive a stipend in the amount of the fee
waiver. The board of governors shall not reduce apportionments
pursuant to subdivision (d) of Section 76300 to any district that
does not collect fees for a nonvoting student member. 
   (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
 , but is authorized to cast an advisory vote pursuant to
paragraph (5) of subdivision (b)  .
   (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
  or litigation  . 
   (3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72425. 

   (4) 
    (3)  Serve a term of one year commencing on May 15 of
each  year, at the discretion of the governing board
  year  . 
   (4) Cast an advisory vote that is recorded in the minutes of the
governing board meeting. The advisory vote shall not count in
determining the vote required to carry a measure before 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) 
    (d)  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.
  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.