Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

AB-2910 California Community Colleges: governing board membership: student members. (2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/21/2020 09:00 PM
AB2910:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2910


Introduced by Assembly Member Weber

February 21, 2020


An act to amend Section 72023.5 of the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 2910, as introduced, Weber. California Community Colleges: governing board membership: student members.
Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the governing board of each community college district to order the inclusion within the membership of the governing board of one or more nonvoting students, who are enrolled in a community college of the district, and chosen by students enrolled in the community colleges of the district, in accordance with procedures prescribed by the governing board.
This bill would give each student member of the governing board of a community college district an advisory vote, as specified, or, if authorized by the governing board at its discretion, a full vote. This bill would also make conforming changes.
Existing law authorizes a student member to make and second motions and to receive compensation like a regular board member, but only at the discretion of the governing board.
This bill would entitle each student member of the governing board to make and second motions and to receive the same compensation as a regular board member without further authorization of the governing board.
By requiring community college districts to revise governing board procedures, this bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 72023.5 of the Education Code is amended to read:

72023.5.
 (a) (1) (A) The governing board of each community college district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, of one or more nonvoting students. These students shall have the right to attend each and all meetings of the governing board, except that student members shall not have the right, or be afforded the opportunity, to attend executive sessions of the governing board.
(B) A student member shall have the opportunity to cast an advisory vote immediately before votes are cast by the regular members of the governing board.
(C) Notwithstanding subparagraph (B), the governing board, in its discretion, may give a student member a full vote.
(2) The students A student selected to serve on the governing board, board shall be enrolled in a community college of the district and shall be chosen, and shall be recalled, by the students enrolled in the community colleges of the district in accordance with procedures prescribed by the governing board. If the seat of a student member becomes vacant during his or her the student member’s term, the governing board may authorize the officers of student body associations established pursuant to Section 76060 at each community college in the district to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board. A student member shall be required throughout the term of his or her the student member’s appointment to be enrolled in a community college of the district for at least five semester units, or its equivalent, and shall meet and maintain the minimum standards of scholarship for community college students prescribed by the community college district. The term of the a student members member shall be one year commencing on June 1 of each year.
(3) The nonvoting student members A student member appointed pursuant to this section shall be entitled to mileage allowance to the same extent as a regular members, but are not member, and is entitled to the compensation prescribed by Section 72024.
(4) A nonvoting student member shall be seated with the members of the governing board and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues.
(5) A nonvoting student member who does not have a full vote on the governing board shall not be included in determining the vote required to carry any measure before the board.
(6) A nonvoting student member who does not have a full vote on the governing board shall not be liable for any acts of the governing board.
(b) Notwithstanding subdivision (a), the nonvoting a student member or members selected to serve on the governing board of a community college district pursuant to subdivision (a) may do any of the following:
(1) Make and second motions at the discretion of the governing board. motions.
(2) Attend closed sessions, other than closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board.

(3)Receive compensation, at the discretion of the governing board, up to the amount prescribed by Section 72024.

(4)

(3) Serve a term of one year commencing on May 15 of each year, at the discretion of the governing board.
(c) It is the intent of the Legislature that any decision or action, including any contract entered into pursuant thereto, upon the motion or second of a motion of a student member, shall be fully legal and enforceable against the district or any party thereto.
(d) The governing board of each community college district that affords the a student member or members of the board any of the discretionary privileges enumerated in subdivision (a) or (b) shall, by May 15 of each year, adopt rules and regulations implementing this section. These rules and regulations shall be effective until May 15 of the following year.
(e) If a state court finds this section is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under this statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief may be awarded. In any action in which the court finds this section is unlawful, the California Community Colleges are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.