BILL ANALYSIS �
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.
AB 447
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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
AB 447
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Community College League of California
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960