Bill Text: CA SB1236 | 2021-2022 | Regular Session | Amended
Bill Title: School districts: governing boards: pupil members.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-06-16 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. [SB1236 Detail]
Download: California-2021-SB1236-Amended.html
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Amended
IN
Assembly
June 16, 2022 |
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Amended
IN
Senate
April 18, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1236
| Introduced by Senator Glazer (Coauthor: Senator Ochoa Bogh) |
February 17, 2022 |
An act to amend Section 35012 of the Education Code, relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1236, as amended, Glazer.
School districts: governing boards: pupil members.
(1) Existing law, except as otherwise provided, requires the governing board of a school district to consist of 5 members elected at large by the qualified voters of the school district. Existing law sets the terms of the 5 members at 4 years and staggered so that, as nearly as practicable, 1/2 of the members are elected in each odd-numbered year. Existing law requires the governing board of a school district maintaining one or more high schools to include within its membership one or more pupil members if pupils submit a petition for pupil representation to the governing board, as provided. Existing law requires the pupil member to be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with procedures prescribed by
the governing board of the school district. Existing law requires the pupil member to have preferential voting rights. Existing law prohibits a pupil member from being included in determining the vote required to carry any measure before the governing board.
This bill would authorize the governing board of a school district to adopt a resolution resolutions to make a each preferential voting pupil member a full voting pupil member of the governing board, as provided.
provided, and would authorize the governing board to restrict by resolution a full voting pupil member from voting on certain matters, as specified. The bill would only prohibit a preferential voting pupil member from being included in determining a vote and would require a full voting pupil member to be included in determining a vote, unless the full voting member is restricted by resolution from voting on that matter, and the bill would require a governing board of a school district with 6 or 8 members as a result of a full voting pupil member to establish an affirmative vote and quorum at 4 and 5 members, respectively. respectively, except as specified.
(2) Existing law requires that a pupil member receive all open meeting materials presented to the board members at the same time the materials are presented to the board members, and to receive all materials received by other board members between open meetings, except for materials that pertain to closed session items. Existing law prohibits a preferential vote from being solicited on matters subject to closed session discussion.
The bill would instead grant full voting pupil members access to all closed session materials, to attend closed sessions, and to vote on closed session matters, unless restricted by resolution, and would authorize the governing board of the school district to adopt a resolution granting each
preferential pupil member the right to receive closed session materials, as well as attend and cast a preferential vote, on closed session matters.
(3) Existing law requires a pupil member to be entitled to the mileage allowance to the same extent as regular members, but otherwise provides that a pupil member is not entitled to other compensation received by other board members.
This bill would authorize the governing board of a school district to provide pupil members with stipends.
(4) Existing law authorizes the governing board of a school district to appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing board of a school district determines that the pupil member is not fulfilling their duties, and requires a
majority vote of all voting board members to approve a motion to eliminate the pupil member position from the governing board of a school district.
This bill would instead require a majority vote of all voting board members to approve a motion to remove a sitting pupil member from the governing board of a school district, but would otherwise retain the pupil board member position, thereby eliminating the governing board of a school district’s ability to eliminate the position itself.
(5) Existing law authorizes the governing board of a school district to adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board of the school district, except on matters dealing with employer-employee relations.
This bill would instead authorize the governing board of a school district to adopt a resolution
authorizing the pupil member or members to make and 2nd motions that may be acted upon by the governing board of the school district, and would delete the prohibition against authorizing those motions on matters dealing with employer-employee relations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35012 of the Education Code is amended to read:35012.
(a) Except as otherwise provided, the governing board of a school district shall consist of five members elected at large by the qualified voters of the school district. The terms of the members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the members shall be elected in each odd-numbered year.(b) A unified school district may have a governing board of seven members if the proposal for unification has specified a governing board of seven members. The members of the governing board of a unified school district shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve
four-year terms of office.
(c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three members selected at large from the territory comprising the school district. Whenever, in any such elementary school district, the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken.
(d) (1) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more pupil members to the governing board pursuant to this
section.
(2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the school district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the school district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one pupil member. The governing board of a school district may order the inclusion of more than one pupil member.
(3) Upon receipt of a petition for
pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, at least one pupil member. The
governing board of a school district may order the inclusion of more than one pupil member. The governing board of a school district may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing board of a school district determines, pursuant to paragraph (12), that the a pupil member is not fulfilling their duties. If the governing board of a school district appoints an alternate pupil member, the governing board shall suspend the prior pupil member’s rights and privileges related to service on the governing board.
(4) (A) (i) Except as provided in clause (ii), a pupil member of the governing board of a school district shall have preferential voting rights.
(ii) The governing board of a school district may adopt a resolution resolutions to make a each preferential voting pupil member a full voting pupil member of the governing board. Separate resolutions shall be adopted for each preferential pupil member to be made a full voting member of the governing
board of the school district.
(B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote.
(C) (i) The governing board of the school district, when adopting a resolution authorizing the change of the a preferential voting pupil member position to the
a full voting member position, may, in a separate motion, restrict the a full voting pupil member from voting on the following matters:
(I) Pupil disciplinary matters if the pupil member attends the same school as the pupil under consideration or shares a direct association to the pupil in some capacity.
(II) Negative personnel matters if the pupil member shares a direct association to a classified or certificated employee under consideration in the matter.
(III) Closed session matters.
(III)
(IV) Other business of a specific nature that is clearly identified in the motion.
(ii) The governing board of the school district may adopt a resolution to grant the a full voting pupil member full member
voting rights on matters that the full voting pupil member was previously restricted pursuant to clause (i) from having full voting rights on.
(iii) The governing board of the school district may adopt a resolution to further restrict the matters on which a full voting pupil member shall have full voting rights. The resolution shall be listed as a public agenda item at a properly noticed public meeting of the governing board of the school district before the motion may be voted upon, and the item shall require a unanimous vote of all nonpupil member board members to approve the resolution.
(iv) The A
pupil member may abstain from discussion or voting on any item if there is a perceived conflict of interest that is not explicitly listed in clause (i).
(5) The governing board of the school district may adopt a resolution authorizing the a pupil member or members to make and second motions that may be acted upon by the governing board of the school district.
(6) (A) (i) Each
preferential pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(ii) Each full voting pupil member shall have the right to attend each and all meetings of the governing board of the school district, including closed sessions, unless the governing board of the school district adopts a resolution restricting their attendance pursuant to subparagraph (C) of paragraph (4).
(B) (i) Each pupil member shall be appointed to subcommittees of the governing board in the same manner as other board members.
(ii) Each pupil member shall be made aware of the
time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee.
(iii) Subcommittee meetings may be scheduled in accordance with the availability of all members, including each pupil member.
(7) Any pupil selected to serve as a member of the governing board of a school district shall be enrolled in a high school of the school district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with policies and procedures prescribed by the governing board. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to
provide more pupils with an opportunity to serve on the governing board.
(8) A pupil member shall be entitled to the mileage allowance to the same extent as regular
members and may be provided stipends at the discretion of the governing board of the school district.
(9) (A) A (i) Each preferential and full voting pupil member shall be seated with the members of the governing board of the school district, and shall be recognized as a full member of the governing board at the meetings, including receiving all open meeting materials presented to the board members at the same time the materials are presented to the board members, being invited to staff briefings of board members or being provided a separate staff briefing within the same timeframe as the staff briefing of board
members, being invited to attend other functions of the governing board of the school district, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(ii) Each full voting pupil member shall also receive all closed session materials presented to the board members at the same time the materials are presented to the board members, and all materials received by other board members between open and closed meetings, unless the governing board of the school districts adopts a resolution restricting their access pursuant to subparagraph (C) of paragraph (4).
(B) (i) A
preferential pupil member shall also receive all materials received by other board members between open meetings, except for materials that pertain to closed session items.
(ii) Notwithstanding clause (i), the governing board of the school district may adopt a resolution granting each preferential pupil member the right to receive closed session materials, as well as attend and cast a preferential vote, on closed session matters.
(C) A pupil member’s name, contact, and biographical information shall be listed on the school district’s internet website in equal capacity to regular members of the governing board.
(10) (A) (i) A preferential voting pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(ii) A full voting pupil member shall be included in determining the vote required to carry any measure before the governing board of the school district. district, including closed session items, unless restricted by a resolution adopted pursuant to subdivision (d).
(B) A governing board of a school district with six or eight members as a result of a full voting pupil member shall establish an
affirmative vote and quorum at four and five members, respectively.
respectively, except for matters the full voting member is restricted by resolution from voting on pursuant to subparagraph (C) of paragraph (4).
(11) A pupil member shall not be
liable for any acts of the governing board of the school district.
(12) A majority vote of all voting board members shall be required to approve a motion to remove a sitting pupil member from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board before the motion being voted upon.
(e) (1) A preferential voting pupil member shall not be considered a member of a legislative body of a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(2) A full voting pupil member shall be considered a member of a
legislative body of a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
