BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1030
AUTHOR: Cooley
AMENDED: April 4, 2013
FISCAL COMM: No HEARING DATE: June 5, 2013
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Community College governing board student members.
SUMMARY
This bill authorizes the governing board of a California
Community College (CCC) district to authorize the officers
of the student body associations at each college to appoint
a student to serve in the event that a student member seat
becomes vacant during his/her term.
BACKGROUND
Current law 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. In order to be eligible, the student must be
enrolled in a community college of the district for at least
five semester units. The term of office for the student
trustee is one year, commencing on May 15 or June 1 of each
year. Current law provides that nonvoting student members
of the board are entitled to mileage reimbursement but
specifically prohibits their receipt of compensation.
(Education Code � 72023.5)
Current law also 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)
ANALYSIS
This bill :
AB 1030
Page 2
1) Authorizes the governing board of a community
college district to authorize the officers of the
student body associations at each college to appoint a
student to serve in the event that a student member
seat becomes vacant during his/her term.
2) Corrects and updates an obsolete reference to
provisions which clarify that student trustees are
ineligible to receive compensation.
STAFF COMMENTS
1) 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.
2) Related 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 one of its 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. A 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. As a
result, Los Rios Community College District, bound by
this court decision, rewrote its policies to ensure the
student trustee would be selected by the student body.
AB 1030
Page 3
3) Current process ? Current law does not explicitly
specify a process that CCC districts must follow when a
student trustee vacancy occurs. Notwithstanding the
federal court ruling on the specific circumstances of
the Los Rios Community College situation discussed in
staff comment #2, 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.
With regard to vacancies by other elected trustees,
current law requires the governing board of a CCC
district to either hold a special election or make a
provisional appointment, as specified, to fill the
remainder of the vacant trustee's term. If the board
opts to make an appointment, registered voters in the
district may petition for a special election, as
specified. Elected trustees serve two-year terms.
4) Similar legislation . AB 447 (Williams) 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.
SUPPORT
California Community College League
Kern Community College District
Los Rios Community College District
Mt. San Jacinto Community College District
Peralta Community College District
Yosemite Community College District
OPPOSITION
None received.
AB 1030
Page 4