BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 447
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          Date of Hearing:   April 9, 2013

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                   AB 447 (Williams) - As Amended:  March 21, 2013
           
          SUBJECT  :   Community colleges: organization of governing boards:  
          nonvoting student members.

           SUMMARY  :  Allows nonvoting student members of governing boards  
          of the California Community Colleges (CCC) districts to attend  
          closed sessions, as specified, to make and second motions, and  
          to cast an advisory vote that is recorded in the minutes of  
          board meetings.  Specifically,  this bill  :  

          1)Allows nonvoting student members of governing boards of the  
            CCC districts to attend closed sessions of board meetings,  
            except for those sessions dealing with litigation, personnel  
            issues, and collective bargaining. 

          2)Allows nonvoting student members to make and second motions  
            during board meetings.

          3)Allows nonvoting student members of governing boards of the  
            CCC districts to cast an advisory vote that is recorded in the  
            minutes of the governing board meeting.

          4)States that the advisory vote shall note count in determining  
            the vote required to carry a measure before the governing  
            board. 

          5)Requires districts to be reimbursed for costs if the  
            Commission on State Mandates determines that this act contains  
            costs mandated by the state.

           EXISTING LAW  :

          1)Authorizes the establishment of CCC student body organizations  
            and associated fees (Education Code [EC] § 76060 et seq.).

          2)Requires the board of trustees of each CCC district to include  
            at least one nonvoting student member to be chosen by the  
            students in a manner determined by the board.  States that to  
            be eligible, the student must be enrolled in a community  
            college of the district for at least five semester units.   








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            States that the term of office for the student trustee is one  
            year, commencing on May 15 or June 1 of each year.  Stipulates  
            that nonvoting student members of the board are entitled to  
            mileage reimbursement but specifically prohibits their receipt  
            of compensation (EC § 72023.5).

           FISCAL EFFECT :   Unknown           

           COMMENTS  :   Role of the student trustee  .  Student trustees have  
          been members of local CCC governing boards since 1977.  Local  
          governing boards determine the privileges and establish  
          procedures to elect student trustees.  Boards, as well as  
          college administrators, establish the environment and  
          expectations for student trustees.  Student trustees are elected  
          members of the student body who serve on the local governing  
          board of the CCC.  Up to two students are elected for this  
          position and voice the students' concerns at the board meetings;  
          the student trustees are responsible for bringing the decisions  
          of the board back down to the student body.  Additionally,  
          student trustees can serve on district-wide committees as the  
          student representative.  

           Varying authority  .  According to the Community College League of  
          California (League), the extent to which the student trustee is  
          viewed as an advocate for and representative of the current  
          student body varies from board to board, and depends in part on  
          the attitude of the person holding the position.  The League  
          contends that some student trustees play a similar role to the  
          Associated Students (AS) organization (which serves as the  
          governing body representing students and also sponsors social  
          activities and events, and supports its members throughout the  
          year at each CCC) and represents current students.  Student  
          trustees who function in this manner are serving more in a  
          similar role as AS leaders.  Yet, other student trustees, as  
          student members of the board, are serving as all the rest of the  
          trustees (making board decisions that benefit the community as a  
          whole, and future students, as well as the current student  
          body).

          The Community College League of California's publication  
          entitled, "Perspectives on the Role of Student Trustees," was  
          released to assist in clarifying the expectations of student  
          trustees and the role they play in order for the student  
          trustees to be fully prepared for board meetings.









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           Need for the bill  .  According to the author, this bill seeks to  
          provide all student trustees of CCC district boards an equal  
          opportunity to represent their peers.  Because each local board  
          has discretion to grant certain existing privileges to student  
          trustees, not all student trustees are given equal privileges.   
          This leaves the lens through which a student trustee is viewed  
          and the capacity in which they can serve, largely up to the  
          governing board. 

          The author states, "Student trustees provide a unique voice and  
          bring valuable contributions to their boards.  As such, it is  
          not unreasonable for students to expect to participate in the  
          structures of local control and we should do our best to  
          accommodate them even though their participation is temporary in  
          nature."   The author contends that when privileges are afforded  
          to some and not others, the student voice can be diminished.  A  
          student trustee's ability to represent their peers can also be  
          influenced by the performance of the former student trustee on  
          the board even though this has no bearing on the current student  
          trustee's abilities or performance.

          This measure ensures that all student trustees have a fair and  
          equal opportunity to represent students.  

           Related legislation  .  AB 1030 (Cooley), scheduled to be heard in  
          this committee today, provides that if the seat of a student  
          member of the local board of the CC district becomes vacant  
          during his/her term, the governing board may authorize the  
          officers of the AS organization at each campus in the CC  
          district to appoint a student by majority vote of the officers  
          to serve the remainder of the term.

          AB 844 (Lara), Chapter 619, Statutes of 2011, authorized a  
          student who is without lawful immigration status or exempt from  
          paying nonresident tuition, to serve in student government at  
          the California State University and the campuses of the CCC.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Communities United Institute
          California Community College Association of Student Trustees

           Opposition 








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          Community College League of California
           

          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960