SB 532, as amended, Leyva. Governing boards of school districts: nonvoting and preferential voting pupil members.
(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.
This 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.
The 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.
Because the bill would require school districts to provide a higher level of service, it would impose a state-mandated local program.
(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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 35012 of the Education Code is amended
2to read:
(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
12the governing 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.
15(c) Notwithstanding subdivision (a), and except as provided in
16this subdivision and Section 5018, the governing board of an
17elementary school district other than a union or joint union
18elementary school district shall consist of three members selected
19at large from the territory comprising the district. Whenever, in
20any such elementary school district the average daily attendance
21during the preceding fiscal year is 300 or more, the procedures
22prescribed by Section 5018 shall be undertaken.
23(d) (1) (A) There may be submitted to the governing board of
24a school district maintaining one or more high schools a pupil
25petition requesting the governing board to appoint one or more
26nonvoting pupil members to the
board pursuant to this section.
27(B) There may also be submitted to the governing board of a
28school district maintaining one or more high schools a pupil
29petition requesting the governing board to allow preferential voting
30for the pupil member or members of the board. This request may
31be made in the original petition for pupil representation on the
P3 1board or in a separate petition after a pupil member or members
2have been appointed to the board.
3(2) Whether for pupil representation or for preferential voting
4for the pupil member or members, the petition shall contain the
5signatures of eitherbegin delete (a)end deletebegin insert (A)end insert not less than
500 pupils regularly
6enrolled in high schools of the district, orbegin delete (b)end deletebegin insert (B)end insert not less than 10
7percent of the number of pupils regularly enrolled in high schools
8of the district, whichever is less. Each fiscal year, and within 60
9days of receipt of a petition for pupil representation, or at its next
10regularly scheduled meeting if no meeting is held within those 60
11days, the governing board of a school district shall order the
12inclusion within the membership of the governing board, in
13addition to the number of members otherwise prescribed, at least
14one nonvoting pupil member. The governing board may order the
15inclusion of more than one nonvoting pupil member.
16(3) Upon
receipt of a petition for pupil representation, the
17governing board of a school district shall, commencing July 1,
181976, and each year thereafter, order the inclusion within the
19membership of the governing board, in addition to the number of
20members otherwise prescribed, at least one nonvoting pupil
21member. The governing board may order the inclusion of more
22than one nonvoting pupil member.
23(4) (A) Upon receipt of a petition for preferential voting for
24the pupil member or members, the governing board of the school
25district shall allow preferential voting for the pupil member or
26members of the governing board.
27(B) Preferential voting, as used in this section, means a formal
28expression of opinion that is recorded in the minutes and cast
29before the official
vote of thebegin insert governing boardend insert of the school
30district. A preferential vote shall not serve in determining the final
31numerical outcome of a vote. No preferential vote shall be solicited
32on matters subject to closed session discussion.
33(5) The governing board of the school district may adopt a
34resolution authorizing the nonvoting or preferential voting pupil
35member or members to make motions that may be acted upon by
36the governing board, except on matters dealing with
37employer-employee relations pursuant to Chapter 10.7
38(commencing with Section 3540) of Division 4 of Title 1 of the
39Government Code.
P4 1(6) Each pupil member shall have the right to attend each and
2all meetings of
the governing board of the school district, except
3executive sessions.
4(7) Any pupil selected to serve as a nonvoting or preferential
5voting member of the governing board of a school district shall be
6enrolled in a high school of the district, may be less than 18 years
7of age, and shall be chosen by the pupils enrolled in the high school
8or high schools of the district in accordance with procedures
9prescribed by the governing board. The term of a pupil member
10shall be one year commencing on July 1 of each year.
11(8) A nonvoting or preferential voting pupil member shall be
12entitled to the mileage allowance to the same extent as regular
13members, but is not entitled to the compensation prescribed by
14Section 35120.
15(9) A nonvoting or preferential voting pupil member shall be
16seated with the members of the governing board of the school
17district and shall be recognized as a full member of the board at
18the meetings, including receiving all materials presented to the
19board members and participating in the questioning of witnesses
20and the discussion of issues.
21(10) The nonvoting or preferential voting pupil member shall
22not be included in determining the vote required to carry any
23measure before the governing board of the school district.
24(11) The nonvoting or preferential voting pupil member shall
25not be liable for any acts of the governing board of the school
26district.
27(12) A unanimous vote of all voting board members shall be
28required
to eliminate the nonvoting or preferential voting pupil
29member position from the governing board of a school district.
30This decision, and reasons for the decision, shall be listed as a
31public agenda item for a meeting of the governing board.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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