BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 1007
          AUTHOR:        Carter
          AMENDED:       April 15, 2009
          FISCAL COMM:   Yes            HEARING DATE:  July 15, 2009
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           SUBJECT  :  Pupil members of a school district governing board.
          
           SUMMARY  

          This bill establishes a timeline by which a K-12 school  
          district governing board must include a pupil as a member of  
          the board, based on the current process of the submission of  
          a pupil petition requesting such an appointment.  

           BACKGROUND  

          Current law:

          1)   Authorizes the submission of a pupil petition to the  
               governing board of a school district (maintaining one or  
               more high schools) requesting that the board appoint one  
               or more non-voting pupils to the board, and requires  
               such petitions to contain the signatures of the lesser  
               of:

               a)        At least 500 pupils enrolled in the district's  
                    high schools. 

               b)        At least 10% of the district's high school  
                    enrollment.

          2)   Requires the governing board to appoint at least one  
               non-voting pupil member upon receipt of a pupil petition  
               requesting such an appointment.

           ANALYSIS
           
           This bill  establishes a timeline by which a K-12 school  
          district governing board must include a pupil as a member of  
          the board, based on the current process of the submission of  




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          a pupil petition requesting such an appointment.   
          Specifically, this bill:  

          1)   Establishes a timeline of 30 days from the receipt of a  
               pupil petition within a school district governing board  
               must make its currently required appointment of one or  
               more non-voting pupils to the board.

          2)   Authorizes school district governing boards to appoint a  
               pupil member at its next regularly scheduled meeting if  
               no meeting is held within the 30 day timeline.

          3)   Authorizes the governing board of a school district to  
               create a pupil advisory board to assist any pupil  
               members of the governing board in their duties, and  
               requires that the structure and composition of the  
               advisory board be determined by the governing board.

           STAFF COMMENTS  

           1)   Existing process  .  Current law requires K-12 school  
               district governing boards to include a pupil member of  
               the board upon receipt of a pupil petition requesting  
               the inclusion of a pupil board member.  However, current  
               law is silent as to how soon after receipt of the pupil  
               petition the governing board must make such an  
               appointment.  This bill should not impose a burden upon  
               districts as it allows the appointment of the pupil  
               member at the next meeting of the governing board if no  
               meeting is planned within the 30-day timeline.

           2)   Fiscal impact  .  According to the Assembly Appropriations  
               Committee analysis, this bill would impose minor  
               absorbable General Fund (Prop 98) reimbursable mandate  
               costs upon school districts.

           3)   Prior legislation  .  AB 1897 (Reyes, 2004) would have  
               required the governing board of a school district to  
               appoint to its membership a preferential voting pupil  
               member, and also requires school districts with more  
               than one high school to select a pupil member from a  
               different high school each year on a rotating basis.  AB  
               1897 was vetoed by the Governor, whose veto message  
               read:

               "The State Board of Education includes a student member  




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               whose participation brings a vibrant dynamic to the  
               statewide policy debate.  I am especially pleased with  
               the contributions that the student member I recently  
               appointed has brought to the current State Board.   
               However, mandating that school districts appoint a  
               preferential voting student member to local school board  
               is unnecessary since existing law already provides a  
               mechanism for student representation on local school  
               boards.  As such, I encourage all interested students to  
               pursue the wonderful opportunity of being appointed to  
               their local school board, under the provisions of  
               current law."

           SUPPORT  

          Alliance for Education Solutions
          California Association of Student Councils
          San Francisco Unified School District
          Youth Leadership Institute

           OPPOSITION

           None received.