BILL NUMBER: AB 447 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
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 the
governing 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 on personnel and collective
bargaining matters , 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, and to attend closed sessions, except
as provided, and to serve a one-year term
on personnel, collective bargaining, and litigation matters
. 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
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 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 Except as
provided in paragraph (4) of subdivision (b), the term of the
student members shall be one year commencing on May 15
June 1 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 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.
(2) Attend closed sessions, other than closed sessions on
personnel matters, collective bargaining matters, or litigation.
(3) Receive compensation, at the discretion of the governing
board, up to the amount prescribed by Section 72024.
(3)
(4) Serve a term of one year commencing on May 15 of
each year , at the discretion of the governing board .
(4)
(5) 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 nonvoting student member or members of the board the
privileges enumerated in paragraphs (3) or (4) of 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.
(d)
( 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.
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.