Amended in Assembly April 4, 2013

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1030

Introduced by Assembly Member Cooley

February 22, 2013

An act to amend Section 72023.5 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1030, as amended, Cooley. 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.

This bill would provide that if the seat of a student member becomes vacant during his or her term, the governing board may authorize the officers of student body associations at each begin delete campus end delete begin insert community college end insert in the district to appoint a student begin delete by majority vote of the officers end delete to serve the remainder of the term begin insert in accordance with procedures established by the governing board end insert . This bill would also make nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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 executive sessions
of the governing board.

(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. If the seat of a student member
becomes vacant during his or her term, the governing board may
authorize the officers of student body associations established
pursuant to Section 76060 at each begin delete campus end delete begin insert community college end insert in
the district to begin delete appoint, by a majority vote of the officers, end delete begin insert appoint end insert
a student to serve the remainder of the term begin insert in accordance with
procedures established by the governing board end insert . 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 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.

(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 at the discretion of the governing
board.

(2) Attend closed sessions, other than closed sessions on
personnel matters or collective bargaining matters, at the discretion
of the governing board.

(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.

(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 student member or members of the board any of
the privileges enumerated in 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.