35108.
(a) (1) The governing board of a school district may order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, of one or more nonvoting noncitizens who reside within the jurisdictional boundary of the school district and who are the parents or legal guardians of undocumented pupils who are enrolled in the school district. The nonvoting noncitizen members shall have the right to attend meetings of the governing board, except for executive sessions of the governing board and closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board.(2) If the seat of a nonvoting noncitizen member becomes vacant during their term, the governing board may appoint a nonvoting noncitizen person meeting the qualifications described in paragraph (1) to serve the remainder of the term in accordance with procedures established by the governing board. The term of the nonvoting noncitizen members shall be two years commencing on June 1 of every other year.
(3) The nonvoting noncitizen members appointed pursuant to this section shall not be entitled to mileage allowance as regular members, and shall not receive any compensation entitled to elected board members.
(4) A nonvoting noncitizen 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 noncitizen member shall not be included in determining the vote required to carry any measure before the board.
(6) A nonvoting noncitizen member shall not be liable for any acts of the governing board.
(b) Notwithstanding subdivision (a), the nonvoting noncitizen members selected to serve on the governing board of a school district pursuant to subdivision (a) may do any of the following:
(1) Make and second motions at the discretion of the governing board.
(2) Attend closed sessions, other than closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board.
(3) Serve a term of two years commencing on June 1 of every other year, at the discretion of the governing board.
(c) The governing board of a school district that affords the student members of the board any of the privileges enumerated in subdivision (b) shall, by June 1 of each year, adopt rules and regulations implementing this section. These rules and regulations shall be effective until June 1 of the following year.
(d) 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 school district is immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief.