BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 447
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 447 (Williams)
          As Amended  March 21, 2013
          Majority vote 

           HIGHER EDUCATION    12-0        APPROPRIATIONS      14-1        
           
           ----------------------------------------------------------------- 
          |Ayes:|Williams, Ch�vez, Bloom,  |Ayes:|Gatto, Bocanegra,         |
          |     |Fong, Jones-Sawyer,       |     |Bradford,                 |
          |     |Levine, Waldron, Medina,  |     |Ian Calderon, Campos,     |
          |     |Olsen, Quirk-Silva,       |     |Donnelly,                 |
          |     |Weber, Wilk               |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Holden, Linder, Pan,      |
          |     |                          |     |Quirk, Ammiano            |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Wagner                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 not 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.








                                                                  AB 447
                                                                  Page  2



           EXISTING LAW  :

          1)Authorizes the establishment of CCC student body organizations  
            and associated fees (Education Code (EC) Section 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.   
            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 Section 72023.5).

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, costs for this bill would be negligible  
          state-reimbursable costs for districts to record the advisory  
          votes of student board members and include in meeting minutes.
                              
          COMMENTS  :  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.  

          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  








                                                                  AB 447
                                                                  Page  3


          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 League'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.

          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), provides that if the  
          seat of a student member of the local board of the CCC district  
          becomes vacant during his or her term, the governing board may  
          authorize the officers of the AS organization at each campus in  
          the CCC district to appoint a student by majority vote of the  
          officers to serve the remainder of the term.








                                                                  AB 447
                                                                  Page  4



          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.


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


                                                                FN: 0000222