SB 532,
as amended, Leyva. begin deletePostsecondary education: Higher Education Facilities Bond Act program. end deletebegin insertGoverning boards of school districts: nonvoting and preferential voting pupil members.end insert
(1) Existing law requires the governing board of a school district maintaining one or more high schools to appoint to its membership one or more nonvoting pupil members if pupils petition the governing board to make those appointments.
end insertbegin insertThis bill would require the governing board of a school district to appoint the pupil member or members within 60 days of receiving the petition, or at its next regularly scheduled meeting if no meeting is held within those 60 days, as specified.
end insertbegin insertThe bill would require a unanimous vote of all voting board members to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district, and would require the decision, and reasons for the decision, to be listed as a public agenda item for a meeting of the governing board of the school district.
end insertbegin insertBecause the bill would require school districts to provide a higher level of service, it would impose a state-mandated local program.
end insertbegin insert(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end insertExisting law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges.
end deleteThe Higher Education Facilities Bond Act of 1988 authorizes the Higher Education Facilities Finance Committee to create a debt or debts, liability or liabilities, of the State of California, as specified, for the purpose of funding aid to the University of California, the California State University, the California community colleges, and the California Maritime Academy for specified purposes.
end deleteThis bill would make nonsubstantive changes to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 35012 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
(a) Except as otherwise provided, the governing board
4of a school district shall consist of five members elected at large
5by the qualified voters of the district. The terms of the members
6shall, except as otherwise provided, be for four years and staggered
7so that as nearly as practicable one-half of the members shall be
8elected in each odd-numbered year.
9(b) A unified school district may have a governing board of
10seven members in the event the proposal for unification has
11specified a governing board of seven members. The members of
12thebegin insert governingend insert board shall be elected at large or by trustee areas as
13designated in
the proposal for unification and shall serve four-year
14terms of office.
P3 1(c) Notwithstanding subdivision (a), and except as provided in
2this subdivision and Section 5018, the governing board of an
3elementary school district other than a union or joint union
4elementary school district shall consist of three members selected
5at large from the territory comprising the district. Whenever, in
6any such elementary school district the average daily attendance
7during the preceding fiscal year is 300 or more, the procedures
8prescribed by Section 5018 shall be undertaken.
9(d) begin insert(1)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertThere may be submitted to the governing board of
10a school district maintaining one or more high schools a pupil
11petition requesting the governing board to appoint
one or more
12nonvoting pupil members to the board pursuant to this section.
13There
end delete
14begin insert(B)end insertbegin insert end insertbegin insertThereend insert may also be submitted to the governing board of a
15school district maintaining one or more high schools a pupil
16petition requesting the governing board to allow preferential voting
17for the pupil member or members of the board. This request may
18be made in the original petition for pupil representation on the
19board or in a separate petition after a pupil member or members
20have been appointed to the board.
21Whether
end delete
22begin insert(2)end insertbegin insert end insertbegin insertWhetherend insert for pupil representation or for preferential voting
23for the pupil member or members, the petition shall contain the
24signatures of either (a) not less than 500 pupils regularly enrolled
25in high schools of the district, or (b) not less than 10 percent of
26the number of pupils regularly enrolled in high schools of the
27district, whichever is less.begin insert Each fiscal year, and within 60 days of
28receipt of a petition for pupil representation, or at its next regularly
29scheduled meeting if no meeting is held within those 60 days, the
30governing board of a school district shall order the inclusion within
31the membership of the governing board, in addition to the number
32of members otherwise prescribed, at least one nonvoting pupil
33member. The governing board may order the inclusion of more
34than one nonvoting pupil member.end insert
35Upon
end delete
36begin insert(3)end insertbegin insert end insertbegin insertUponend insert receipt of a petition for pupil representation, the
37governing boardbegin insert of a school districtend insert shall, commencing July 1,
381976, and each year thereafter, order the inclusion within the
39membership of the governing board, in addition to the number of
40members otherwise prescribed, at least one nonvoting pupil
P4 1member. Thebegin insert
governingend insert board may order the inclusion of more
2than one nonvoting pupil member.
3Upon
end delete
4begin insert(4)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertbegin insertUponend insert receipt of a petition for preferential voting for the
5pupil member or members, the governing boardbegin insert of the school
6districtend insert shall allow preferential voting for the pupil member or
7members of the governing board.
8Preferential
end delete
9begin insert(B)end insertbegin insert end insertbegin insertPreferentialend insert voting, as used inbegin delete theend deletebegin insert thisend insert
section, means a
10formal expression of opinion that is recorded in the minutes and
11castbegin delete prior toend deletebegin insert beforeend insert the official vote of thebegin delete governing board.end deletebegin insert of the
12school district.end insert A preferential votebegin delete willend deletebegin insert shallend insert not serve in
13determining the final numerical outcome of a vote. No preferential
14votebegin delete willend deletebegin insert
shallend insert be solicited on matters subject to closed session
15discussion.
16The
end delete
17begin insert(5)end insertbegin insert end insertbegin insertTheend insert governing boardbegin insert of the school districtend insert may adopt a
18resolution authorizing the nonvoting or preferential voting pupil
19member or members to make motions that may be acted upon by
20the governing board, except on matters dealing with
21employer-employee relations pursuant to Chapter 10.7
22(commencing with Section 3540) of Division 4 of Title 1 of the
23Government Code.
24Each
end delete
25begin insert(6)end insertbegin insert end insertbegin insertEachend insert pupil member shall have the right to attend each and
26all meetings of the governingbegin delete board,end deletebegin insert board of the school district,end insert
27 except executive sessions.
28Any
end delete
29begin insert(7)end insertbegin insert end insertbegin insertAnyend insert pupil selected to serve as a nonvoting or preferential
30voting member of the governing boardbegin insert
of a school districtend insert shall
31be enrolled in a high school of the district, may be less than 18
32years of age, and shall be chosen by the pupils enrolled in the high
33school or high schools of the district in accordance with procedures
34prescribed by the governing board. The term of a pupil member
35shall be one year commencing on July 1 of each year.
36A
end delete
37begin insert(8)end insertbegin insert end insertbegin insertAend insert nonvoting or preferential voting pupil member shall be
38entitled to the mileage allowance to the same extent as regular
39members, but is not entitled to the compensation prescribed by
40Section 35120.
P5 1A
end delete
2begin insert(9)end insertbegin insert end insertbegin insertAend insert nonvoting or preferential voting pupil member shall be
3seated with the members of the governing boardbegin insert of the school
4districtend insert and shall be recognized as a full member of the board at
5the meetings, including receiving all materials presented to the
6board members and participating in the questioning of witnesses
7and the discussion of issues.
8The
end delete
9begin insert(10)end insertbegin insert end insertbegin insertTheend insert nonvoting or preferential voting pupil member
shall
10not be included in determining the vote required to carry any
11measure before thebegin delete board.end deletebegin insert governing board of the school district.end insert
12The
end delete
13begin insert(11)end insertbegin insert end insertbegin insertTheend insert
nonvoting or preferential voting pupil member shall
14not be liable for any acts of the governingbegin delete board.end deletebegin insert board of the
15school district.end insert
16(12) A unanimous vote of all voting board members shall be
17required to eliminate the nonvoting or preferential voting pupil
18member position from the governing board of a school district.
19This decision, and reasons for the decision, shall be listed as a
20public agenda item for a meeting of the governing board.
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
Section 67334 of the Education Code is amended
27to read:
(a) The committee is hereby authorized to create a debt
29or debts, liability or liabilities, of the State of California pursuant
30to this chapter for the purpose of funding aid to the University of
31California, the California State University, the California
32community colleges, and the California Maritime Academy for
33the construction, including the construction of buildings and the
34acquisition of related fixtures, renovation, and reconstruction of
35facilities, for the acquisition of sites upon which these facilities
36are to be constructed, for the equipping of new, renovated, or
37reconstructed facilities, and to provide funds for payment of
38preconstruction costs, including, but not
necessarily limited to,
39preliminary plans and working drawings.
P6 1(b) Moneys made available under Section 67340 or 67342 may
2be used to provide short-term loans to community colleges for the
3purchase of instructional equipment. Those loans shall be repaid
4from the first moneys available in the Capital Outlay Fund for
5Public Higher Education beginning in the 1989-90 fiscal year, or
6from proceeds of the bonds.
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