ASSEMBLY THIRD READING

ATR Bill Id:AB 2190

Author:(Medina)

As Introduced Ver:February 11, 2020

Majority vote

SUMMARY:

Eliminates the prohibition against a student member voting during the student member's first year on the Board of the Governors (BOG) of the California Community Colleges (CCC), and makes technical conforming changes.

Major Provisions

1. Specifies that there are two voting student members of the BOG, and that each student member may exercise the same right to attend meetings of the BOG, and its committees, and has the same right to vote as other appointed members, as specified.
2. Removes language that details the procedures for a student voting in the second year of their two-year term, and removes language that details the assumption of voting rights upon the vacancy of a voting student member.

COMMENTS:

Background. Under current law, the CCC BOG consists of 16 voting members, all appointed by the Governor. These include:

1. Twelve members appointed by the Governor with the advice and consent of 2/3 of the membership of the Senate. These members serve in staggered six-year terms. Two of the members must be current or former elected members of local CCC district governing boards.
2. One voting student member and one nonvoting student member, as specified, to be appointed from a list of names of at least three persons submitted to the Governor by the student organization recognized by the BOG.
3. Two tenured faculty members, for two-year terms, appointed from a list of names of at least three persons furnished by the Academic Senate of the CCCs.
4. One classified employee, for a two-year term, appointed from a list of at least three persons furnished by the exclusive representatives of classified employees of the CCCs.

Who currently represents the students? Following the cancelation of a Memorandum of Understanding with the California Student Association of Community Colleges (CalSACC) in May 2005 due to a reduction in membership, BOG formally recognized the Student Senate for the California Community Colleges (SSCCC) in July of 2006 as the representative voice of CCC students.

According to the Author:

"This bill seeks to increase student representation on the BOG by allowing both student representatives on the board to vote. Currently, only one of the two student representatives has the ability to vote on behalf of the institution's 2.1 million students. Community college students have historically lacked adequate student representation. This bill is a reasonable step towards establishing equitable representation on the BOG and helps elevate the voice and needs of California's 2.1 million community college students."

Arguments in Support:

In correspondence shared with the author's office, the SSCCC states that, "Providing the opportunity for both student members to have a full vote ensures that the policies determined by the Board of Governors reflect direct input of student voices in the decision making. The student trustees are the most direct voice and advocate for the over two million students who make up this system, being drawn from and representing the largest system of higher education in the country. A second student trustee with a full vote would allow for more recognition of the diverse range of student's views, provide equity with the [California State University (CSU)] system, and send a strong message about the respect for student beliefs throughout the entire system."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

None. This bill is keyed non-fiscal by the Legislative Counsel.

VOTES:

ASM HIGHER EDUCATION: 10-0-2

YES: Medina, Bloom, Voepel, Gabriel, Irwin, Kiley, Levine, Low, Santiago, Weber

ABS, ABST OR NV: Arambula, Patterson

UPDATED:

VERSION: February 11, 2020

CONSULTANT: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0002755

Date of Hearing: May 13, 2020

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2190 (

Author:Medina) – As Introduced Ver:February 11, 2020

SUBJECT: Board of Governors of the California Community Colleges

SUMMARY: Eliminates the prohibition against a student member voting during the student member’s first year on the Board of the Governors (BOG) of the California Community Colleges (CCC), and makes technical conforming changes.

EXISTING LAW:

1. Establishes the membership of the CCC BOG to include two student members appointed from a list of names of at least three persons submitted to the Governor by the student organization recognized by the BOG, and specifies:
   1. The term of office of one student member of the board shall commence on July 1 of an even-numbered year, and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year, and expire on June 30 two years thereafter. Notwithstanding (1) above, a student member who graduates from his or her college on or after January 1 of the second year of his or her term of office may serve the remainder of the term;
   2. During the first year of a student member’s term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but shall not vote. During the second year of a student member’s term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed as specified; and,
   3. (4) Notwithstanding paragraph (3), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member’s term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office. (Education Code (EDC) Section 71000)

FISCAL EFFECT: Unknown

COMMENTS: Purpose. According to the author, “This bill seeks to increase student representation on the BOG by allowing both student representatives on the board to vote. Currently, only one of the two student representatives has the ability to vote on behalf of the institution’s 2.1 million students. Community college students have historically lacked adequate student representation. This bill is a reasonable step towards establishing equitable representation on the BOG and helps elevate the voice and needs of California’s 2.1 million community college students.”

Background. Under current law, the CCC BOG consists of 16 voting members, all appointed by the Governor. These include:

1. Twelve (12) members appointed by the Governor with the advice and consent of 2/3 of the membership of the Senate. These members serve in staggered six-year terms. Two of the thirteen (13) members must be current or former elected members of local CCC district governing boards.
2. One voting student member and one nonvoting student member, as specified, to be appointed from a list of names of at least three persons submitted to the Governor by the student organization recognized by the BOG.
3. Two tenured faculty members, for two-year terms, appointed from a list of names of at least three persons furnished by the Academic Senate of the CCCs.
4. One classified employee, for a two-year term, appointed from a list of at least three persons furnished by the exclusive representatives of classified employees of the CCCs.

Who currently represents the students? Following the cancelation of a Memorandum of Understanding with the California Student Association of Community Colleges (CalSACC) in May 2005 due to a reduction in membership, BOG formally recognized the Student Senate for the California Community Colleges (SSCCC) in July of 2006 as the representative voice of CCC students.

In correspondence shared with the author’s office, the SSCCC states that, “Providing the opportunity for both student members to have a full vote ensures that the policies determined by the Board of Governors reflect direct input of student voices in the decision making. The student trustees are the most direct voice and advocate for the over two million students who make up this system, being drawn from and representing the largest system of higher education in the country. A second student trustee with a full vote would allow for more recognition of the diverse range of student’s views, provide equity with the [California State University (CSU)] system, and send a strong message about the respect for student beliefs throughout the entire system.”

Prior legislation. AB 514 (Medina), Chapter 61, Statutes of 2019, increases the voting rights of the student members of the CSU Board of Trustees by removing the non-voting status of one of the two student members, thereby giving both students voting rights.

SB 283 (Maldonado), Chapter 35, Statutes of 2007, established "a student organization recognized by the board of governors", rather than CalSACC, as the entity responsible for submitting a list of at least three names of students to the Governor from which he or she will appoint the student member representative to the CCC BOG.

REGISTERED SUPPORT / OPPOSITION:

Support

California Teachers Association
Faculty Association of California Community Colleges
Public Advocates Inc.
Student Senate for California Community Colleges

Opposition

None on file.

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960