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 abegin delete unanimousend deletebegin insert majorityend insert vote of all voting board membersbegin insert
on a motionend insert to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district, and would requirebegin delete the decision, and reasons for the decision,end deletebegin insert the motionend insert to be listed as a public agenda item for a meeting of the governing board of the schoolbegin delete district.end deletebegin insert district prior to the motion being voted upon.end insert
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
P3 1petition requesting the governing board to allow preferential voting
2for the pupil member or members of the board. This request may
3be made in the original petition for pupil representation on the
4board or in a separate petition after a pupil member or members
5have been appointed to the board.
6(2) Whether for pupil representation or for preferential voting
7for the pupil member or members, the petition shall contain the
8signatures of either (A) not less than 500 pupils regularly enrolled
9in high schools of the district, or (B) not less than 10 percent of
10the number of pupils regularly enrolled in high schools of the
11district,
whichever is less. Each fiscal year, and within 60 days of
12receipt of a petition for pupil representation, or at its next regularly
13scheduled meeting if no meeting is held within those 60 days, the
14governing board of a school district shall order the inclusion within
15the membership of the governing board, in addition to the number
16of members otherwise prescribed, at least one nonvoting pupil
17member. The governing board may order the inclusion of more
18than one nonvoting pupil member.
19(3) Upon receipt of a petition for pupil representation, the
20governing board of a school district shall, commencing July 1,
211976, and each year thereafter, order the inclusion within the
22membership of the governing board, in addition to the number of
23members otherwise prescribed, at least one nonvoting pupil
24member. The governing board may order the inclusion of
more
25than one nonvoting pupil member.
26(4) (A) Upon receipt of a petition for preferential voting for
27the pupil member or members, the governing board of the school
28district shall allow preferential voting for the pupil member or
29members of the governing board.
30(B) Preferential voting, as used in this section, means a formal
31expression of opinion that is recorded in the minutes and cast
32before the official vote of the governing board of the school district.
33A preferential vote shall not serve in determining the final
34numerical outcome of a vote. No preferential vote shall be solicited
35on matters subject to closed session discussion.
36(5) The governing board of the school district may adopt a
37resolution
authorizing the nonvoting or preferential voting pupil
38member or members to make motions that may be acted upon by
39the governing board, except on matters dealing with
40employer-employee relations pursuant to Chapter 10.7
P4 1(commencing with Section 3540) of Division 4 of Title 1 of the
2Government Code.
3(6) Each pupil member shall have the right to attend each and
4all meetings of the governing board of the school district, except
5executive sessions.
6(7) Any pupil selected to serve as a nonvoting or preferential
7voting member of the governing board of a school district shall be
8enrolled in a high school of the district, may be less than 18 years
9of age, and shall be chosen by the pupils enrolled in the high school
10or high schools of the district in accordance with procedures
11prescribed
by the governing board. The term of a pupil member
12shall be one year commencing on July 1 of each year.
13(8) A nonvoting or preferential voting pupil member shall be
14entitled to the mileage allowance to the same extent as regular
15members, but is not entitled to the compensation prescribed by
16Section 35120.
17(9) A nonvoting or preferential voting pupil member shall be
18seated with the members of the governing board of the school
19district and shall be recognized as a full member of the board at
20the meetings, including receiving all materials presented to the
21board members and participating in the questioning of witnesses
22and the discussion of issues.
23(10) The nonvoting or preferential voting pupil member shall
24not be
included in determining the vote required to carry any
25measure before the governing board of the school district.
26(11) The nonvoting or preferential voting pupil member shall
27not be liable for any acts of the governing board of the school
28district.
29(12) Abegin delete unanimousend deletebegin insert majorityend insert vote of all voting board members
30shall be required tobegin insert approve a motion toend insert eliminate the nonvoting
31or preferential voting pupil member position from the governing
32board of a school district.begin delete This decision, and reasons for the begin insert
The motionend insert shall be listed as a public agenda item for a
33decision,end delete
34meeting of the governingbegin delete board.end deletebegin insert board prior to the motion being
35voted upon.end insert
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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