CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 709

Author:(Bonta)

As Amended Ver:September 6, 2019

Majority vote

SUMMARY:

This bill makes various changes to the role of a student school board member.

The Senate Amendments:

Clarify that pupil board members must receive all materials received by other board members between open meetings, except for materials that pertain to closed session items.

COMMENTS:

Each school district is governed by a school board that meets to make decisions pertaining to their school district's policies and budgets. In addition, a school board hires and evaluates its school district superintendent, monitors district performance and responds to community concerns.

Existing law requires a school board in a school district maintaining one or more high schools to appoint to its membership one or more student members if a student submits a petition to the governing board. Existing law gives each student member the right to attend all meetings of the school board, except executive and closed sessions, and requires the student member to receive all open meeting materials at the same time the materials are presented to the other board members. The California School Boards Association estimates approximately half of all school district governing boards include a student board member.

According to the Author:

"Students serve as a voice to the Board regarding student issues. This bill would expand the roles and voices of students serving on school boards by allowing them to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more."

Arguments in Support:

The California Association of Student Councils states, "As student input and solution ideas are essential to a functioning school board, AB 709 would provide students with all the resources necessary for pupil members to make informed decisions just like any other board member would. This bill would break many of the boundaries between adult officials and the student board members. A student board member can only thrive in a culture that embraces student input and provides all means for youth to provide feedback. By engaging with student colleagues like any other board member, student representatives will feel comfortable and empowered to act as a liaison to the student body and provide candid details about school conditions."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, "Minor and absorbable Proposition 98 General Fund costs to school boards to makes changes to a student members' roles consistent with this bill. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant."

VOTES:

ASM EDUCATION: 6-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Weber

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Jones-Sawyer, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Grayson, Mullin, Quirk

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

SENATE FLOOR: 37-0-3

YES: Allen, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Archuleta, Hueso, Portantino

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0002267

 THIRD READING  

Bill No: AB 709

Author: Bonta (D)

Amended: 9/6/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/12/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/3/19

AYES: McGuire, Moorlach, Beall, Hertzberg, Hurtado, Nielsen, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote

SUBJECT: School districts: governing boards: pupil members

SOURCE: Author

DIGEST:

This bill authorizes the governing board of a school district to award a student member elective course credit for serving on the board, and prohibits student members from being considered members of the governing board for purposes of the Ralph M. Brown Act.

Senate Floor Amendments of 9/6/19 tighten the exception for the receipt of materials pertaining to closed session items by striking reference to the implication of privacy issues, thereby making an exception for all closed session items. Student board members do not attend closed sessions, and therefore should not receive any materials related to closed session (whether or not the materials have privacy implications).

ANALYSIS:

Existing law:

1. Requires, pursuant to the Ralph M. Brown Act, the governing body of local agencies (“legislative body”) to conduct business in meetings that are open to the public by prohibiting a majority of the members, outside a meeting, from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the governing board. (Government Code § 54950 et seq.)
   
2. Authorizes the governing board of a school district with at least one high school to receive a student petition requesting the governing board to appoint one or more student members to the governing board. (Education Code § 35012)
   
3. Requires the petition to contain a specified number or percentage of signatures of students who are regularly enrolled in the high schools of the district. (EC § 35012)
   
4. Requires the governing board, each fiscal year and within 60 days of receipt of a petition for student representation, to order the inclusion at least one student member within the membership of the governing board. (EC § 35012)
   
5. Requires the governing board, upon receipt of a petition for student representation to order the inclusion of at least one student member within the membership of the governing board. Existing law authorizes governing boards to order the inclusion of more than one student member. (EC § 35012)
   
6. Provides that each student member has the right to attend each and all meetings of the governing board, except executive sessions. (EC § 35012)
   
7. Requires that a student member be seated with the members of the governing board and be recognized as a full member, 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 or being provided a separate staff briefing within the same timeframe as the staff briefing of board members, and participating in the questioning of witnesses and the discussion of issues. (EC § 35012)

This bill authorizes the governing board of a school district to award a student member elective course credit for serving on the board, and prohibits student members from being considered members of the governing board for purposes of the Ralph M. Brown Act. Specifically, this bill:

1. Prohibits student members from being considered members of a “legislative body” of a local agency for purposes of the Ralph M. Brown Act.
   
2. Authorizes the governing board to award a student member elective course credit based on the number of equivalent daily instructional minutes for the student member’s services provided.
   
3. Requires each student member to be appointed to subcommittees of the governing board in the same manner as other board members.
   
4. Requires each student member to be made aware of the time commitment required to participate in subcommittee meetings and work.
   
5. Authorizes a student member to decline an appointment to a subcommittee.
   
6. Authorizes subcommittee meetings to be scheduled in accordance with the availability of all members, including each student member.
   
7. Authorizes the governing board of a school district to appoint a student to serve as an alternate student member who would fulfill all duties and have the same rights as a student member if the governing board determines the student member is not fulfilling their duties.
   
8. Requires a governing board that appoints an alternate student member to suspend the prior student member’s rights and privileges related to services on the governing board.
   
9. Requires student members to be invited to attend other functions of the governing board, such as forums, meetings with students and parents, and other general assemblies.
   
10. Requires a student board member to receive all materials received by other board members between open meetings, except for materials that pertain to close session items.

Comments

Need for the bill. According to the author, “California has recognized the importance of students serving on school boards. Students serve as a voice to the board regarding student issues, but existing law does not fully enable student members to participate in those dynamics. In order for students to have an effective role on school boards, they must have access to be able to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more.”

Ralph M. Brown Act. This bill prohibits student members of school district governing boards from being considered members of the governing board for purposes of the Ralph M. Brown Act. Student board members have preferential voting rights, which means they cast a vote but their vote does not count toward the final outcome of a vote. Further, statute prohibits student members from being included in determining the vote required to carry a measure before a governing board. Therefore, it appears that the presence of a student member at a governing board meeting currently does not count in the determination of whether the present governing board members constitute a majority for purposes of the Brown Act.

Elective course credit. This bill authorizes a governing board to award a student member elective course credit based on the number of equivalent daily instructional minutes for the student member’s services provided. School districts currently have the authority to award such credit.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 9/5/19)

None received

OPPOSITION: (Verified 9/5/19)

None received

ASSEMBLY FLOOR: 76-0, 5/2/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk

Prepared by: Lynn Lorber / ED. /

9/9/19 18:18:00

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 709

Author:(Bonta)

As Amended Ver:June 19, 2019

Majority vote

SUMMARY:

This bill makes various changes to the role of a student school board member.

The Senate Amendments:

Requires that if the governing board of a school district appoints an alternate pupil member, the governing board must suspend the prior pupil member's rights and privileges related to service on the governing board.

COMMENTS:

Each school district is governed by a school board that meets to make decisions pertaining to their school district's policies and budgets. In addition, a school board hires and evaluates its school district superintendent, monitors district performance and responds to community concerns.

Existing law requires a school board in a school district maintaining one or more high schools to appoint to its membership one or more student members if a student submits a petition to the governing board. Existing law gives each student member the right to attend all meetings of the school board, except executive sessions, and requires the student member to receive all open meeting materials at the same time the materials are presented to the other board members. The California School Boards Association estimates approximately half of all school district governing boards include a student board member.

According to the Author:

"Students serve as a voice to the Board regarding student issues. This bill would expand the roles and voices of students serving on school boards by allowing them to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more."

Arguments in Support:

The California Association of Student Council states, "As student input and solution ideas are essential to a functioning school board, AB 709 would provide students with all the resources necessary for pupil members to make informed decisions just like any other board member would. This bill would break many of the boundaries between adult officials and the student board members. A student board member can only thrive in a culture that embraces student input and provides all means for youth to provide feedback. By engaging with student colleagues like any other board member, student representatives will feel comfortable and empowered to act as a liaison to the student body and provide candid details about school conditions."

Arguments in Opposition:

None on file

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, "Minor and absorbable Proposition 98 General Fund costs to school boards to makes changes to a student members' roles consistent with this bill. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant."

VOTES:

ASM EDUCATION: 6-0-0

YES: O'Donnell, Kiley, Kalra, McCarty, Smith, Weber

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Jones-Sawyer, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie- Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Grayson, Mullin, Quirk

SENATE FLOOR: 37-0-3

YES: Allen, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Archuleta, Hueso, Portantino

UPDATED:

VERSION: June 19, 2019

CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0001387

 CONSENT 

Bill No: AB 709

Author: Bonta (D)

Amended: 6/19/19 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/12/19

AYES: Leyva, Wilk, Chang, Durazo, Glazer, McGuire, Pan

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/3/19

AYES: McGuire, Moorlach, Beall, Hertzberg, Hurtado, Nielsen, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote

SUBJECT: School districts: governing boards: pupil members

SOURCE: Author

DIGEST:

This bill authorizes the governing board of a school district to award a student member elective course credit for serving on the board, and prohibits student members from being considered members of the governing board for purposes of the Ralph M. Brown Act.

ANALYSIS:

Existing law:

1. Requires, pursuant to the Ralph M. Brown Act, the governing body of local agencies (“legislative body”) to conduct business in meetings that are open to the public by prohibiting a majority of the members, outside a meeting, from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the governing board. (Government Code § 54950 et seq.)
   
2. Authorizes the governing board of a school district with at least one high school to receive a student petition requesting the governing board to appoint one or more student members to the governing board. (Education Code § 35012)
   
3. Requires the petition to contain a specified number or percentage of signatures of students who are regularly enrolled in the high schools of the district. (EC § 35012)
   
4. Requires the governing board, each fiscal year and within 60 days of receipt of a petition for student representation, to order the inclusion at least one student member within the membership of the governing board. (EC § 35012)
   
5. Requires the governing board, upon receipt of a petition for student representation to order the inclusion of at least one student member within the membership of the governing board. Existing law authorizes governing boards to order the inclusion of more than one student member. (EC § 35012)
   
6. Provides that each student member has the right to attend each and all meetings of the governing board, except executive sessions. (EC § 35012)
   
7. Requires that a student member be seated with the members of the governing board and be recognized as a full member, 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 or being provided a separate staff briefing within the same timeframe as the staff briefing of board members, and participating in the questioning of witnesses and the discussion of issues. (EC § 35012)

This bill authorizes the governing board of a school district to award a student member elective course credit for serving on the board, and prohibits student members from being considered members of the governing board for purposes of the Ralph M. Brown Act. Specifically, this bill:

1. Prohibits student members from being considered members of a “legislative body” of a local agency for purposes of the Ralph M. Brown Act.
   
2. Authorizes the governing board to award a student member elective course credit based on the number of equivalent daily instructional minutes for the student member’s services provided.
   
3. Requires each student member to be appointed to subcommittees of the governing board in the same manner as other board members.
   
4. Requires each student member to be made aware of the time commitment required to participate in subcommittee meetings and work.
   
5. Authorizes a student member to decline an appointment to a subcommittee.
   
6. Authorizes subcommittee meetings to be scheduled in accordance with the availability of all members, including each student member.
   
7. Authorizes the governing board of a school district to appoint a student to serve as an alternate student member who would fulfill all duties and have the same rights as a student member if the governing board determines the student member is not fulfilling their duties.
   
8. Requires a governing board that appoints an alternate student member to suspend the prior student member’s rights and privileges related to services on the governing board.
   
9. Requires student members to be invited to attend other functions of the governing board, such as forums, meetings with students and parents, and other general assemblies.
   
10. Requires a student board member to receive all materials received by other board members between open meetings, except for materials that pertain to close session items that would implicate privacy issues involving employees or students.

Comments

Need for the bill. According to the author, “California has recognized the importance of students serving on school boards. Students serve as a voice to the board regarding student issues, but existing law does not fully enable student members to participate in those dynamics. In order for students to have an effective role on school boards, they must have access to be able to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more.”

Ralph M. Brown Act. This bill prohibits student members of school district governing boards from being considered members of the governing board for purposes of the Ralph M. Brown Act. Student board members have preferential voting rights, which means they cast a vote but their vote does not count toward the final outcome of a vote. Further, statute prohibits student members from being included in determining the vote required to carry a measure before a governing board. Therefore, it appears that the presence of a student member at a governing board meeting currently does not count in the determination of whether the present governing board members constitute a majority for purposes of the Brown Act.

Elective course credit. This bill authorizes a governing board to award a student member elective course credit based on the number of equivalent daily instructional minutes for the student member’s services provided. School districts currently have the authority to award such credit.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/12/19)

None received

OPPOSITION: (Verified 8/12/19)

None received

ASSEMBLY FLOOR: 76-0, 5/2/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk

Prepared by: Lynn Lorber / ED. /

8/14/19 14:56:49

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2019 - 2020 Regular

School districts: governing boards: pupil members

Expands the role of pupil members on school district boards.

Background

School districts. California has nearly 950 school districts, averaging around 5,600 pupils each. The state’s largest district is Los Angeles Unified School District with more than 600,000 pupils. School districts fall into various categories. Elementary school districts only include elementary schools, not secondary schools. Unified school districts offer grades kindergarten or one through 12 and may comprise territory in more than one county. A union school district includes two more districts situated in the same county. A joint union school district includes two or more school districts situated wholly or in part in different counties.

Each school district has an elected school board that governs its affairs. Generally, school district boards comprise five members elected at large for staggered four-year terms. A unified school district board typically comprises seven members elected at large or representing specific areas. An elementary school district, other than a union or joint union elementary school district comprises three members at large. If a three-member elementary school district board has more than an average of 300 pupils attending on a daily basis, it can decide to increase from three to five board members or make a request to the county superintendent of schools to submit the question whether to increase the size of the board to district voters at the next election.

Pupil members. High school pupils can submit a petition requesting the school district board appoint one or more pupil members to the board. In order to qualify, a petition must contain signatures from not less than 500 regularly enrolled high school pupils or not less than 10 percent of the number of pupils regularly enrolled in the school district. If the district receives a petition with the requisite number of signatures, within 60 days it must order the inclusion of at least one pupil member. Pupil members must be enrolled in one of the district’s high schools, may be less than 18 years of age, and must be chosen by pupils of the district’s high schools. Pupil members serve one-year terms starting on July 1, each year.

Pupil members have different rights and privileges from other board members. Rather than have full voting rights, pupil members have preferential voting rights, meaning when they vote the district records their vote as a formal expression of opinion, but does not serve in determining the final numerical outcome of the vote. The school district board can adopt a resolution to authorize the pupil member to make motions, except on issues dealing with employer-employee relations. Each pupil member has the right to attend all meetings of the board except for executive sessions. School districts must compensate pupil members for mileage in the same manner as other members, but pupil members cannot receive other forms compensation, such as monthly stipends that school districts can provide to other board members. Pupil members must be seated with the other members of the board, be recognized as a full member of the board, and receive all open meeting materials presented to board members at the same time the other members receive them. The board must also invite them to staff briefings for board members, or provide them with a separate briefing, and pupil members can participate in the questioning of witnesses and discussion of issues. These members are not liable for any acts of the school district board. A board can remove a pupil member with a majority vote at a public meeting.

Ralph M. Brown Act. School districts, like other public agencies, must comply with the Brown Act, which provides guidelines for how public agencies hold public meetings. It defines a meeting to include any congregation of a majority of members at the same time and location to hear, discuss, deliberate, or take action on any item. Among other provisions, the Brown Act requires that meetings of the legislative body of a public agency be open and public, and that a majority of members cannot deliberate or take action outside of a public meeting except in specific circumstances like closed session meetings. For most regular meetings with a majority of the board present, public agencies must provide public notice of a regular meeting 72 hours before it occurs. This public notice consists of posting an agenda containing information on the time and location of the meeting and requires the public agency to mail a copy of the agenda to any person who requests it.

The author wants to expand the role of pupil members on school district boards.

Proposed Law

Assembly Bill 709 makes several statutory changes to expand or help clarify the role of pupil members on school district boards.

AB 709 allows the school district board to appoint an alternate pupil member if the school district board determines the previously appointed pupil member is not fulfilling their duties. If the school district board appoints an alternate member, then it must suspend the prior member’s rights and privileges related to their service on the board.

Expanding on the pupil member’s right to attend school district board meetings, AB 709 requires the board to appoint each pupil member to subcommittees in the same manner as other board members. The bill requires the school district board to make each pupil member aware of the time commitment necessary to participate in subcommittees, and allows the pupil member to decline a subcommittee appointment. AB 709 also permits the school district board to schedule meetings based on all members’ availability, including pupil members.

AB 709 requires that the school district board extend invitations to other functions of the school district board besides regular board meetings, such as forums, meetings with pupils and parents, and other general assemblies.

AB 709 requires that school district boards provide the same materials other members receive for open session, except for any materials related to closed session items involving privacy of school district employees or pupils.

AB 709 requires that pupil members do not count as members of a legislative body for the purposes of the Brown Act.

Notwithstanding existing laws limits on pupil member compensation, AB 709 allows a school district to award elective course credit to a pupil member based on the equivalent daily instructional minutes for the pupil member’s services provided to the board.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. According to the author, “Students serve as a voice to the Board regarding student issues, but existing law does not fully enable student members to participate in those dynamics. This bill would expand the roles and voices of students serving on school boards by allowing them to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more. Specifically this bill requires a school board to do the following:

“1) Appoint a student member to subcommittees of the board in the same manner as it does other board members.

“2) Make a student member aware of the time commitment required to participate in subcommittee meetings and work and authorize a pupil member to decline an appointment to a subcommittee.

“3) Invite a student member to attend other functions of the governing board of the school district and to receive all materials received by other board members, except for materials that would implicate privacy issues.

“4) Authorize to schedule meetings in accordance with the availability of all members, including a student member.

“5) Authorize the school district to award a student member elective course credit for serving on the school board.”

2. Are they or aren’t they? Recent legislation has brought pupil members closer to regular members of school district boards. SB 261 (Thurmond, 2017) required that all pupil members have preferential voting rights rather than serve as non-voting members. SB 468 (Leyva, 2017) required that school district boards provide all open session meeting materials to pupil members at the same time they provided materials to school district board members and required school district boards invite pupil members to staff briefings. However, key differences remain. Specifically, pupil members remain different from other school district board members in that they do not have full voting privileges and cannot attend closed session meetings. AB 709 also clarifies that pupil members do not count as full members for the purposes of Brown Act. Since a school district board does not need a pupil member’s vote to take action, counting pupil members for the purposes of what constitutes a public meeting under the Brown Act may be unnecessary, but it is unclear whether any school districts have been counting pupil members for the purposes of the Brown Act. Consider a scenario where a seven-member board appoints two pupil members and counts those members for the purposes of the Brown Act. If three board members wanted to provide a briefing on an issue before the board for the two pupil members, such a meeting could constitute a public meeting even though the Board would not have sufficient voting members present to take action. Exempting pupil members from the Brown Act ensures that pupil members do not influence what counts as a meeting of the board and what does not. The other provisions of AB 709 help ensure that pupil members have the information necessary to participate fully in school board meetings.

3. Incoming! The Senate Education Committee approved AB 709 at its June 12^th meeting on a vote of 7-0. The Senate Governance and Finance Committee is hearing it as the committee of second reference.

4. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 709 imposes additional duties on local agencies, Legislative Counsel says that it imposes a new state mandate. AB 709 says that if the Commission on State Mandates determines that it creates a state-mandated local program, the state must reimburse local agencies by following the existing statutory process for mandate claims.

Assembly Actions

Assembly Education Committee: 6-0

Assembly Appropriations Committee: 18-0

Assembly Floor: 76-0

Support and Opposition

(6/28/19)

Support: California School Boards Association.

Opposition: Unknown.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Connie Leyva, Chair

2019 - 2020 Regular

Bill No: AB 709 Hearing Date: June 12, 2019

Subject: School districts: governing boards: pupil members.

NOTE: This bill has been referred to the Committees on Education and Governance and Finance. A "do pass" motion should include referral to the Committee on Governance and Finance.

SUMMARY

This bill authorizes the governing board of a school district to award a student member elective course credit for serving on the board, and prohibits student members from being considered members of the governing board for purposes of the Ralph M. Brown Act.

BACKGROUND

Existing law:

1. The Ralph M. Brown Act requires the governing body of local agencies (“legislative body”) to conduct business in meetings that are open to the public by prohibiting a majority of the members, outside a meeting, from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the governing board. (Government Code § 54950 et seq.)
   
2. Authorizes the governing board of a school district with at least one high school to receive a student petition requesting the governing board to appoint one or more student members to the governing board. (Education Code § 35012)
   
3. Requires the petition to contain a specified number or percentage of signatures of students who are regularly enrolled in the high schools of the district. (EC § 35012)
   
4. Requires the governing board, each fiscal year and within 60 days of receipt of a petition for student representation, to order the inclusion at least one student member within the membership of the governing board. (EC § 35012)
   
5. Requires the governing board, upon receipt of a petition for student representation to order the inclusion of at least one student member within the membership of the governing board. Existing law authorizes governing boards to order the inclusion of more than one student member. (EC § 35012)
   
6. Provides that each student member has the right to attend each and all meetings of the governing board, except executive sessions. (EC § 35012)
   
7. Requires that a student member be seated with the members of the governing board and be recognized as a full member, 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 or being provided a separate staff briefing within the same timeframe as the staff briefing of board members, and participating in the questioning of witnesses and the discussion of issues. (EC § 35012)
   

ANALYSIS

This bill authorizes the governing board of a school district to award a student member elective course credit for serving on the board, and prohibits student members from being considered members of the governing board for purposes of the Ralph M. Brown Act. Specifically, this bill:

1. Prohibits student members from being considered members of a “legislative body” of a local agency for purposes of the Ralph M. Brown Act.
   
2. Authorizes the governing board to award a student member elective course credit based on the number of equivalent daily instructional minutes for the student member’s services provided.
   
3. Requires each student member to be appointed to subcommittees of the governing board in the same manner as other board members.
   
4. Requires each student member to be made aware of the time commitment required to participate in subcommittee meetings and work.
   
5. Authorizes a student member to decline an appointment to a subcommittee.
   
6. Authorizes subcommittee meetings to be scheduled in accordance with the availability of all members, including each student member.
   
7. Authorizes the governing board of a school district to appoint a student to serve as an alternate student member who would fulfill all duties and have the same rights as a student member if the governing board determines the student member is not fulfilling their duties.
   
8. Requires student members to be invited to attend other functions of the governing board, such as forums, meetings with students and parents, and other general assemblies.
   
9. Requires a student board member to receive all materials received by other board members between open meetings, except for materials that pertain to close session items that would implicate privacy issues involving employees or students.
   

STAFF COMMENTS

1. Need for the bill. According to the author, “California has recognized the importance of students serving on school boards. Students serve as a voice to the board regarding student issues, but existing law does not fully enable student members to participate in those dynamics. In order for students to have an effective role on school boards, they must have access to be able to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more.”
   
2. Ralph M. Brown Act. This bill prohibits student members of school district governing boards from being considered members of the governing board for purposes of the Ralph M. Brown Act. Student board members have preferential voting rights, which means they cast a vote but their vote does not count toward the final outcome of a vote. Further, statute prohibits student members from being included in determining the vote required to carry a measure before a governing board. Therefore, it appears that the presence of a student member at a governing board meeting currently does not count in the determination of whether the present governing board members constitute a majority for purposes of the Brown Act.
   
3. Alternate student member. This bill authorizes the governing board of a school district to appoint a student to serve as an alternate student member who would fulfill all duties and have the same rights as a student member if the governing board determines the student member is not fulfilling their duties. Staff recommends an amendment to require the governing board of a school district that appoints an alternate student member to suspend the rights and privileges of the original student board member (to avoid situations where the original student member attempts to resume fulfilling their duties, resulting in two active student members).
   
4. Elective course credit. This bill authorizes a governing board to award a student member elective course credit based on the number of equivalent daily instructional minutes for the student member’s services provided. School districts currently have the authority to award such credit.
   
5. Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose minor and absorbable Proposition 98 General Fund costs to school boards to makes changes to a student members’ roles consistent with this bill. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant.

SUPPORT

None received

OPPOSITION

None received

-- END --

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 709

Author:(Bonta) – As Amended Ver:April 12, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill makes various changes to the role of a student school board member. Specifically, it requires a school board to:

1. Appoint a student member to subcommittees of the board in the same manner as it does other board members.
2. Make a student member aware of the time commitment required to participate in subcommittee meetings and work and authorize a pupil member to decline an appointment to a subcommittee.
3. Invite a student member to attend other functions of the governing board of the school district and to receive all materials received by other board members, except for materials that would implicate privacy issues.
4. Schedule meetings in accordance with the availability of all members, including a student member.
5. Authorize the school district to award a student member elective course credit for serving on the school board.

FISCAL EFFECT:

Minor and absorbable Proposition 98 General Fund costs to school boards to makes changes to a student members’ roles consistent with this bill. If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to school districts or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. According to the author, “This bill would expand the roles and voices of students serving on school boards by allowing them to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive.”
2. Background.  Each school district is governed by a school board that meets to make decisions pertaining to their school district’s policies and budgets. In addition, a school board hires and evaluates its school district superintendent, monitors district performance and responds to community concerns.

Existing law requires a school board in a school district maintaining one or more high schools to appoint to its membership one or more student members if a student submits a petition to the board. Existing law gives each student member the right to attend all meetings of the school board, except executive sessions, and requires the student member to receive all open meeting materials at the same time the materials are presented to the other board members.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 10, 2019

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 709 (

Author:Bonta) – As Amended Ver:March 19, 2019

SUBJECT: School districts: governing boards: pupil members

SUMMARY: Requires pupil members of a governing board of a school district be appointed to subcommittees in the same manner as other board members, among other requirements. Specifically, this bill:

1. Permits 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 the pupil member is not fulfilling their duties.
2. Requires the governing board of the school district, if the governing board appoints one or more pupils to the governing board, to appoint pupil members to subcommittees in the same manner as other board members.
3. Requires that the pupil member be made aware of the time commitment required to participate in subcommittee meetings and work, and that they may decline an appointment to a subcommittee.
4. Requires subcommittee meetings to be scheduled in accordance with the availability of all members, including each pupil member.
5. Entitles each pupil member to the same mileage allowance to the same extent as regular members.
6. Requires pupil members be invited to attend other functions of the school district, including forums, meetings with pupils and parents, and other general assemblies.
7. Requires pupil members to receive all materials received by other board members between open meetings, except for materials that pertain to closed session items that would implicate privacy issues involving employees of pupils.
8. Specifies that pupil members not be considered members of a legislative body of a local agency for purposes of the Ralph M. Brown Act.
9. Permits the governing board of a school district to provide compensation to a pupil member of the governing board, or to award a pupil member elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided.

EXISTING LAW:

1. Authorizes pupils in a district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the governing board.
2. Requires the petition to be signed by at least 500 high school pupils enrolled in the district or 10% of the number of high school pupils enrolled in the district, whichever is less.
3. Requires each pupil member to have the right to attend each and all meetings of the governing board of the school district, except executive sessions.
4. Entitles each pupil member to the same mileage allowance to the same extent as regular members, but excludes pupil members from permissive monthly compensation. (Education Code Section 35012)

FISCAL EFFECT: Unknown.

COMMENTS: Need for the bill. According to the author, “Students serve as a voice to the Board regarding student issues. This bill would expand the roles and voices of students serving on school boards by allowing them to serve on subcommittees, attend governing board functions, and receive materials that other school board members receive. This will also strengthen the partnership between the student voice and the school board. By giving students more responsibility and demonstrating confidence in their ability to be effective leaders, we can motivate them to grow and serve more.”

Student board members in California. Current law requires the governing board of a school district to include a student board member if a petition signed by a specified number of high school students is brought before the governing board. The California School Boards Association estimates approximately half of all school district governing boards include a student board member.

Staff recommend that the bill be amended to permit, rather than require, the governing board of a school district, if the governing board appoints one or more pupils to the governing board, subcommittee meetings to be scheduled in accordance with the availability of all members, including the pupil member. Further, staff recommend that the provision permitting the governing board of a school district to provide compensation to a pupil member of the governing board be removed.

Prior legislation. AB 261 (Thurmond) Chapter 257, Statutes of 2017. Provides that a pupil member of the governing board of a school district shall have preferential voting rights.

SB 468 (Leyva) Chapter 283, Statutes of 2017. Modified the existing requirement that school district governing boards provide the student board member with materials presented to the board members to specify that the student members are to receive all open meeting materials at the same time the materials are presented to the board members, and requires governing boards to invite the student member to staff briefings provided to board members or provide a separate briefing within the same timeframe as the briefing of board members.

SB 532 (Leyva) Chapter 317, Statutes of 2015. Requires a majority vote of all voting board members on a motion to eliminate the nonvoting or preferential voting pupil member position from the governing board of a school district, and requires the motion to be listed as a public agenda item for a meeting of the governing board of the school district prior to the motion being voted upon.

AB 1007 (Carter) of the 2009-10 Session required appointment of one or more non-voting pupils to the board upon receipt of a pupil petition requesting this, within 30 days of receipt of that petition or at its next regularly scheduled meeting if no meeting was held within those 30 days. AB 1007 was vetoed by the Governor, whose message read, in pertinent part:

“I am unaware of any school board intentionally withholding action on a student representation petition. Therefore, I believe this bill is unnecessary.”

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087