Amended in Senate June 25, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 447

Introduced by Assembly Member Williams

February 19, 2013

An act to amend Section begin delete 72023.5 end delete begin insert 66602 end insert of the Education Code, relating to begin delete community colleges end delete begin insert public postsecondary education end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 447, as amended, Williams. begin delete Community colleges: organization of governing boards: nonvoting student members. end delete begin insert California State University: student trustees. end insert

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Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. Under existing law, the trustees are composed of a total of 25 members, including 2 California State University students appointed by the Governor for 2-year terms. Existing law prohibits a student member from voting at a board meeting during the first year of his or her term.

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The bill would authorize a student member to vote at a board meeting during the first year of his or her term if the other student member is absent from that meeting.

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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 on personnel and collective bargaining matters, to receive a specified amount of compensation, and to serve a one-year term.

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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 on personnel, collective bargaining, and litigation matters. 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.

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By requiring community college districts to record advisory votes of student members, this bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 66602 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

66602.  

(a) The board shall be composed of the following five
ex officio members: the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, the Speaker of the Assembly,
and the person named by the trustees to serve as the Chancellor
of the California State University; a representative of the alumni
associations of the state university, selected for a two-year term
by the alumni council, California State University, which
representative shall not be an employee of the California State
University during the two-year term; and 16 appointive members
appointed by the Governor and subject to confirmation by
two-thirds of the membership of the Senate.

(b) (1) Two students from the California State University, who
shall have at least a junior year standing at the institutions they
attend, and who remain in good standing as students during their
respective terms, shall also be appointed by the Governor begin insert to serve
on the board end insert for two-year terms.

(2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing
board of any statewide student organization that represents the
students of the California State University and the student body
organizations of the campuses of the California State University.
Any appointment to fill a vacancy of a student member shall be
effective only for the remainder of the term of the person’s office
that became vacated.

(3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June
30 two years thereafter. The term of office of the other student
member of the board shall commence on July 1 of an
odd-numbered year and expire on June 30 two years thereafter.
Notwithstanding paragraph (1), a student member who graduates
from his or her college or university on or after January 1 of the
second year of his or her term of office may serve the remainder
of the term.

(4)  begin insert (A) end insert begin insert   end insert During the first year of a student member’s term, a
student member shall be a member of the board and may attend
all meetings of the board and its committees. At these meetings,
a student member may fully participate in discussion and debate,
but may not vote. During the second year of a student member’s
term, a student member may exercise the same right to attend
meetings of the board, and its committees, and shall have the same
right to vote as the members appointed pursuant to subdivision
(a).

begin insert

(B) Notwithstanding subparagraph (A), during the first year of
a student member’s term, the student may vote at a board meeting
if the other student member is absent from that meeting.

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(5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member’s term, the remaining student
member shall immediately assume the office created by the vacancy
and all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.

(c) (1) A faculty member from the California State University,
who shall be tenured at the California State University campus at
which he or she teaches, shall also be appointed by the Governor
begin insert to serve on the board end insert for a two-year term. In the selection of a
faculty member as a member of the board, the Governor shall
appoint the faculty member from a list of names of at least two
persons furnished by the Academic Senate of the California State
University.

(2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.

(3) The term of office of the faculty member of the board shall
commence on July 1, and shall expire on June 30 two years
thereafter.

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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. Except as provided
in paragraph (4) of subdivision (b), 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 72024.

(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.

(4) Serve a term of one year commencing on May 15 of each
year, at the discretion of the governing board.

(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.

(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.

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