BILL ANALYSIS Ó
AB 1030
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Date of Hearing: April 9, 2013
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 1030 (Cooley) - As Amended: April 4, 2013
SUBJECT : Community colleges: organization of governing boards:
nonvoting student members.
SUMMARY : Authorizes, if the seat of a student trustee becomes
vacant during his or her term, the governing board of a
California Community College (CCC) district to allow the
officers of the college's student body association, as specified
in existing law, to appoint an interim nonvoting student trustee
to serve the remainder of the term in accordance with the
district's policies.
EXISTING LAW :
1)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. (Education Code § 72023.5)
2)Authorizes the establishment of CCC student body organizations
and associated fees. (EC § 76060 et seq.)
3)Requires a CCC district governing board to either order an
election or make a provisional appointment to fill the vacancy
of an elected trustee, as specified, and in the case of an
appointment, authorizes registered voters in the district to
petition for a special election. (EC § 5091)
FISCAL EFFECT : This bill is keyed nonfiscal by Legislative
Counsel.
COMMENTS : Background . Current law does not specify a process
that CCC districts must follow when a student trustee vacancy
occurs. Some districts have allowed the student body
AB 1030
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organizations to select an interim representative, while others
hold a special election. Student trustees serve one-year terms.
Federal ruling . In 2009, the governing board of the Los Rios
Community College District invalidated a student trustee
election because of irregularities in the voting schedule
established at the colleges. The board chose to allow the
elected student government presidents from each of the
District's colleges to collectively appoint a student trustee to
fill the remainder of the one-year term, pursuant to the
district's existing policies. The District was sued by a student
group, American River College Students for Liberty Campaign,
which claimed the appointment was invalid. The federal district
court ruled in favor of the plaintiff, holding that existing law
requires the District to hold another election to ensure the
student trustee would be selected by the student body.
Process for filling elected trustee vacancies . The governing
board of a CCC district must either hold a special election or
make a provisional appointment, as specified, to fill the
remainder of the term when an elected trustee vacates his or her
term. In the case of an appointment, registered voters in the
district may petition for a special election, as specified.
Elected trustees serve two-year terms; as noted previously,
student trustees serve one-year terms.
Need for this bill . According to the author, "This bill would
grant the governing board permission to allow student
association leaders to appoint a successor trustee in the event
the student trustee seat becomes vacant during its term." The
author notes that special elections are burdensome, cost the
district approximately $10,000 in staff time, and can leave the
students without representation on the board for up to two
months out of a 12 month term.
Related legislation . AB 447 (Williams), set for hearing in this
Committee on April 9, would allow nonvoting student members of
CCC district governing boards to attend closed sessions, make
and second motions, and cast an advisory vote that is recorded
in the minutes of board meetings.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1030
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Kern Community College District
Los Rios Community College District
Mt. San Jacinto Community College District
Peralta Community College District
Opposition
None on file.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960