Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 447


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 amended, 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 thebegin insert governingend insert 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, exceptbegin delete as providedend deletebegin insert on personnel and collective bargaining mattersend insert, to receive a specified amount of compensation, and to serve a one-year term.begin delete 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.end delete

This bill would authorize a nonvoting student member, without being subject to the discretion of the governing board, to make and second motions,begin insert andend insert to attend closed sessions, exceptbegin delete as provided, and to serve a one-year termend deletebegin insert end insertbegin inserton personnel, collective bargaining, and litigation mattersend insert.begin delete 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.end delete 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 abegin delete state mandatedend deletebegin insert state-mandatedend insert 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:

P2    1

SECTION 1.  

Section 72023.5 of the Education Code is
2amended to read:

3

72023.5.  

(a) (1) The governing board of each community
4college district shall order the inclusion within the membership of
5the governing board, in addition to the number of members
6otherwise prescribed, of one or more nonvoting students. These
7students shall have the right to attend each and all meetings of the
8governing board, except that student members shall not have the
9right, or be afforded the opportunity, to attend sessions of the
10governing board specified in paragraph (2) of subdivision (b).

11(2) The students selected to serve on the governing board shall
12be enrolled in a community college of the district and shall be
13chosen, and shall be recalled, by the students enrolled in the
14community colleges of the district in accordance with procedures
P3    1prescribed by the governing board. A student member shall be
2required throughout the term of his or her appointment to be
3enrolled in a community college of the district for at least five
4semester units, or its equivalent, and shall meet and maintain the
5minimum standards of scholarship for community college students
6prescribed by the community college district.begin delete Theend deletebegin insert Except as
7provided in paragraph (4) of subdivision (b), theend insert
term of the student
8members shall be one year commencing onbegin delete May 15end deletebegin insert June 1end insert of each
9year.

10(3) begin delete(A)end deletebegin deleteend deleteThe nonvoting student members appointed pursuant to
11this section shall be entitled to mileage allowance to the same
12extent as regular members, but are not entitled to the compensation
13prescribed by Section 72024.

begin delete

14(B) A nonvoting student member shall not be required to pay
15fees for courses in which the member is enrolled during his or her
16term as a member. A nonvoting student member who is eligible
17for a fee waiver pursuant to Section 76300 shall not be required
18to pay fees for courses in which the member is enrolled during his
19or her term as a member and shall receive a stipend in the amount
20of the fee waiver. The board of governors shall not reduce
21apportionments pursuant to subdivision (d) of Section 76300 to
22any district that does not collect fees for a nonvoting student
23member.

end delete

24(4) A nonvoting student member shall be seated with the
25members of the governing board and shall be recognized as a full
26member of the board at the meetings, including receiving all
27materials presented to the board members and participating in the
28questioning of witnesses and the discussion of issues.

29(5) A nonvoting student member shall not be included in
30determining the vote required to carry any measure before the
31board, but is authorized to cast an advisory vote pursuant to
32paragraph (5) of subdivision (b).

33(6) A nonvoting student member shall not be liable for any acts
34of the governing board.

35(b) Notwithstanding subdivision (a), the nonvoting student
36member or members selected to serve on the governing board of
37a community college district pursuant to subdivision (a) may do
38any of the following:

39(1) Make and second motions.

P4    1(2) Attend closed sessions, other than closed sessions on
2personnel matters, collective bargaining matters, or litigation.

begin insert

3(3) Receive compensation, at the discretion of the governing
4board, up to the amount prescribed by Section 72024.

end insert
begin delete

P4   4 5(3)

end delete

6begin insert(4)end insert Serve a term of one year commencing on May 15 of each
7yearbegin insert, at the discretion of the governing boardend insert.

begin delete

6 8(4)

end delete

9begin insert(5)end insert Cast an advisory vote that is recorded in the minutes of the
10governing board meeting. The advisory vote shall not count in
11determining the vote required to carry a measure before the
12governing board.

13(c) It is the intent of the Legislature that any decision or action,
14including any contract entered into pursuant thereto, upon the
15motion or second of a motion of a student member, shall be fully
16legal and enforceable against the district or any party thereto.

begin insert

17(d) The governing board of each community college district that
18affords the nonvoting student member or members of the board
19the privileges enumerated in paragraphs (3) or (4) of subdivision
20(b) shall, by May 15 of each year, adopt rules and regulations
21implementing this section. These rules and regulations shall be
22effective until May 15 of the following year.

end insert
begin delete

23(d)

end delete

24begin insert(end insertbegin inserte)end insert If a state court finds this section is unlawful, the court may
25order, as equitable relief, that the administering entity that is the
26subject of the lawsuit terminate any waiver awarded under this
27statute or provision, but no money damages, tuition refund or
28waiver, or other retroactive relief may be awarded. In any action
29in which the court finds this section is unlawful, the California
30Community Colleges are immune from the imposition of any award
31of money damages, tuition refund or waiver, or other retroactive
32relief.

33

SEC. 2.  

If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



O

    98