BILL ANALYSIS �
AB 1030
Page 1
ASSEMBLY THIRD READING
AB 1030 (Cooley)
As Amended April 4, 2013
Majority vote
HIGHER EDUCATION 13-0
-----------------------------------------------------------------
|Ayes:|Williams, Ch�vez, Bloom, | | |
| |Fong, Fox, Jones-Sawyer, | | |
| |Levine, Waldron, Medina, | | |
| |Olsen, Quirk-Silva, | | |
| |Weber, Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
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 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 (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,
AB 1030
Page 2
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.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0000159