AB 275: School governance: governing boards: pupil members: compensation.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-07
Current Status:
Passed
(2023-10-07: Chaptered by Secretary of State - Chapter 321, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets pupil (student) members of county boards of education, school district boards, and charter school governing bodies be awarded elective course credit, monthly pay, or both, and allows pro‑rated monthly pay based on meetings attended and pay for absences if the board finds valid reasons. It also confirms pupil members get mileage, access to meeting materials and subcommittees, and a “preferential” vote (a recorded opinion given before the official vote that does not change the final outcome).
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes a system of public elementary and secondary schools in this state, and provides for their governance. Existing law establishes county boards of education and school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires county boards of education and the governing board of each school district to prescribe and enforce rules not inconsistent with state law for their own government. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the governance structure of the charter school. Existing law requires county boards of education, school district governing boards, and, commencing July 1, 2023, the governing body of a charter school or of an entity managing multiple charter schools to appoint at least one high school pupil as a pupil member of the board or body, as applicable, in response to a petition from high school pupils requesting the appointment of one or more pupil members.
Existing law authorizes the members of city or county boards of education or the governing boards of school districts to receive compensation, as provided. Existing law, on an annual basis, authorizes the county board of education or school district governing board to increase the compensation of individual board members beyond these limits in an amount not to exceed 5% based on the present monthly rate of compensation. Existing law authorizes any member who does not attend all meetings held in any month to receive, as compensation for their services, an amount not greater than the maximum amount allowed by law divided by the number of meetings held, and multiplied by the number of meetings actually attended. Existing law also authorizes an absent member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings. Existing law does not entitle a pupil member of a county board of education, school district governing board, or governing body of a charter school or of an entity managing multiple charter schools to compensation pursuant to these provisions, except that the county board of education, the school district governing board, or the governing body of a charter school or of an entity managing multiple charter schools may award a pupil member elective course credit, as provided.
This bill would revise and recast provisions related to the compensation of regular members and pupil members, as defined, of county boards of education, school district governing boards, and governing bodies of charter schools and of entities managing multiple charter schools. The bill would authorize the county board of education, the governing board of a school district, and the governing body of a charter school or of an entity managing multiple charter schools to award a pupil member elective course credit or monthly financial compensation, or both, as provided. For county boards of education and school district governing boards, the bill would authorize a pupil member to also receive partial monthly compensation, as described above, and would authorize an absent pupil member or an absent regular member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings.
This bill would incorporate additional changes to Section 1000 of the Education Code proposed by AB 417 to be operative only if this bill and AB 417 are enacted and this bill is enacted last.
Existing law establishes a system of public elementary and secondary schools in this state, and provides for their governance. Existing law establishes county boards of education and school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires county boards of education and the governing board of each school district to prescribe and enforce rules not inconsistent with state law for their own government. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the governance structure of the charter school. Existing law requires county boards of education, school district governing boards, and, commencing July 1, 2023, the governing body of a charter school or of an entity managing multiple charter schools to appoint at least one high school pupil as a pupil member of the board or body, as applicable, in response to a petition from high school pupils requesting the appointment of one or more pupil members.
Existing law authorizes the members of city or county boards of education or the governing boards of school districts to receive compensation, as provided. Existing law, on an annual basis, authorizes the county board of education or school district governing board to increase the compensation of individual board members beyond these limits in an amount not to exceed 5% based on the present monthly rate of compensation. Existing law authorizes any member who does not attend all meetings held in any month to receive, as compensation for their services, an amount not greater than the maximum amount allowed by law divided by the number of meetings held, and multiplied by the number of meetings actually attended. Existing law also authorizes an absent member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings. Existing law does not entitle a pupil member of a county board of education, school district governing board, or governing body of a charter school or of an entity managing multiple charter schools to compensation pursuant to these provisions, except that the county board of education, the school district governing board, or the governing body of a charter school or of an entity managing multiple charter schools may award a pupil member elective course credit, as provided.
This bill would revise and recast provisions related to the compensation of regular members and pupil members, as defined, of county boards of education, school district governing boards, and governing bodies of charter schools and of entities managing multiple charter schools. The bill would authorize the county board of education, the governing board of a school district, and the governing body of a charter school or of an entity managing multiple charter schools to award a pupil member elective course credit or monthly financial compensation, or both, as provided. For county boards of education and school district governing boards, the bill would authorize a pupil member to also receive partial monthly compensation, as described above, and would authorize an absent pupil member or an absent regular member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings.
This bill would incorporate additional changes to Section 1000 of the Education Code proposed by AB 417 to be operative only if this bill and AB 417 are enacted and this bill is enacted last.
Existing law establishes a system of public elementary and secondary schools in this state, and provides for their governance. Existing law establishes county boards of education and school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires county boards of education and the governing board of each school district to prescribe and enforce rules not inconsistent with state law for their own government. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the governance structure of the charter school. Existing law requires county boards of education, school district governing boards, and, commencing July 1, 2023, the governing body of a charter school or of an entity managing multiple charter schools to appoint at least one high school pupil as a pupil member of the board or body, as applicable, in response to a petition from high school pupils requesting the appointment of one or more pupil members.
Existing law authorizes the members of city or county boards of education or the governing boards of school districts to receive compensation, as provided. Existing law, on an annual basis, authorizes the county board of education or school district governing board to increase the compensation of individual board members beyond these limits in an amount not to exceed 5% based on the present monthly rate of compensation. Existing law authorizes any member who does not attend all meetings held in any month to receive, as compensation for their services, an amount not greater than the maximum amount allowed by law divided by the number of meetings held, and multiplied by the number of meetings actually attended. Existing law also authorizes an absent member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings. Existing law does not entitle a pupil member of a county board of education, school district governing board, or governing body of a charter school or of an entity managing multiple charter schools to compensation pursuant to these provisions, except that the county board of education, the school district governing board, or the governing body of a charter school or of an entity managing multiple charter schools may award a pupil member elective course credit, as provided.
This bill would revise and recast provisions related to the compensation of regular members and pupil members, as defined, of county boards of education, school district governing boards, and governing bodies of charter schools and of entities managing multiple charter schools. The bill would authorize the county board of education, the governing board of a school district, and the governing body of a charter school or of an entity managing multiple charter schools to award a pupil member elective course credit or monthly financial compensation, or both, as provided. For county boards of education and school district governing boards, the bill would authorize a pupil member to also receive partial monthly compensation, as described above, and would authorize an absent pupil member or an absent regular member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings.
This bill would incorporate additional changes to Section 1000 of the Education Code proposed by AB 417 to be operative only if this bill and AB 417 are enacted and this bill is enacted last.
Existing law establishes a system of public elementary and secondary schools in this state, and provides for their governance. Existing law establishes county boards of education and school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires county boards of education and the governing board of each school district to prescribe and enforce rules not inconsistent with state law for their own government. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the governance structure of the charter school. Existing law authorizes requires county boards of education and education, school district governing boards boards, and, commencing July 1, 2023, the governing body of a charter school or of an entity managing multiple charter schools to appoint one or more at least one high school pupils as members pupil as a pupil member of the board or body, as applicable, in response to a petition from high school pupils of the county board of education or school district requesting the county board of education or school district governing board to appoint one or more pupil members. requesting the appointment of one or more pupil members.
Existing law authorizes the members of city or county boards of education or the governing boards of school districts to receive compensation, as provided. Existing law, on an annual basis, authorizes the county board of education or school district governing board to increase the compensation of individual board members beyond these limits in an amount not to exceed 5% based on the present monthly rate of compensation. Existing law authorizes any member who does not attend all meetings held in any month to receive receive, as compensation for their services, an amount not greater than the maximum amount allowed by law divided by the number of meetings held, and multiplied by the number of meetings actually attended. Existing law also authorizes an absent member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings. Existing law does not entitle a pupil member of a county board of education or education, school district governing board board, or governing body of a charter school or of an entity managing multiple charter schools to compensation pursuant to these provisions, except that the county board of education or education, the school district governing board board, or the governing body of a charter school or of an entity managing multiple charter schools may award a pupil member elective course credit, as provided.
This bill would revise and recast provisions related to the compensation of regular members and pupil members, as defined, of both county boards of education and education, school district governing boards. boards, and governing bodies of charter schools and of entities managing multiple charter schools. The bill would authorize the county board of education and education, the governing board of a school district district, and the governing body of a charter school or of an entity managing multiple charter schools to award a pupil member elective course credit or monthly financial compensation, or both, as provided. The For county boards of education and school district governing boards, the bill would authorize a pupil member to also receive partial monthly compensation, as described above, and would authorize an absent pupil member or an absent regular member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings.
Existing law establishes a system of public elementary and secondary schools in this state, and provides for their governance. Existing law establishes county boards of education and school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires county boards of education and the governing board of each school district to prescribe and enforce rules not inconsistent with state law for their own government. Existing law authorizes county boards of education and school district governing boards to appoint one or more high school pupils as members in response to a petition from high school pupils of the county board of education or school district requesting the county board of education or school district governing board to appoint one or more pupil members.
Existing law authorizes the members of city or county boards of education or the governing boards of school districts to receive compensation, as provided. Existing law, on an annual basis, authorizes the county board of education or school district governing board to increase the compensation of individual board members beyond these limits in an amount not to exceed 5% based on the present monthly rate of compensation. Existing law authorizes any member who does not attend all meetings held in any month to receive as compensation for their services, an amount not greater than the maximum amount allowed by law divided by the number of meetings held, and multiplied by the number of meetings actually attended. Existing law also authorizes an absent member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings. Existing law does not entitle a pupil member of a county board of education or school district governing board to this compensation, compensation pursuant to these provisions, except that the county board of education or the school district governing board may award a pupil member elective course credit, as provided.
This bill would revise and recast provisions related to the compensation of regular members and pupil members, as defined, of both county boards of education and school district governing boards. The bill would authorize the county board of education and the governing board of a school district to award a pupil member either elective course credit or monthly financial compensation. compensation, or both, as provided. The bill would authorize a pupil member to also receive partial monthly compensation, as described above, and would authorize an absent pupil member or an absent regular member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings.
Existing law establishes a system of public elementary and secondary schools in this state, and provides for their governance. Existing law establishes county boards of education and school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires county boards of education and the governing board of each school district to prescribe and enforce rules not inconsistent with state law for their own government. Existing law authorizes county boards of education and school district governing boards to appoint one or more high school pupils as members in response to a petition from high school pupils of the county board of education or school district requesting the county board of education or school district governing board to appoint one or more pupil members.
Existing law authorizes the members of city or county boards of education or the governing boards of school districts to receive compensation, as provided. Existing law, on an annual basis, authorizes the county board of education or school district governing board to increase the compensation of individual board members beyond these limits in an amount not to exceed 5% based on the present monthly rate of compensation. Existing law authorizes an absent member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings. Existing law does not entitle a pupil member of a county board of education or school district governing board to this compensation, except that the county board of education or the school district governing board may award a pupil member elective course credit, as provided.
This bill would revise and recast provisions related to the compensation of regular members and pupil members, as defined, of both county boards of education and school district governing boards. The bill would authorize the county board of education and the governing board of a school district to award a pupil member either elective course credit or monthly financial compensation. The bill would authorize an absent pupil member or an absent regular member to be paid for any meeting if the county board of education or school district governing board, by resolution, makes specified findings.
(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 1.5.Section 1000 of the Education Code is amended to read:1000.(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, or a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 2.Section 1090 of the Education Code is amended to read:1090.(a)The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts:
(1)In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed six hundred dollars ($600) per month.
(2)In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) per month.
(3)In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed three hundred dollars ($300) per month.
(4)In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred dollars ($200) per month.
(5)In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred sixty dollars ($160) per month.
(b)Any regular member or pupil member who does not attend all meetings held in any month may receive as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by subdivision (a) or paragraph (2) of subdivision (h), as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended.
(c)The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education.
(d)A pupil member or regular member of a county board of education may be paid for any meeting for which the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
(e)There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of the county officials duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month.
(f)For purposes of this section, the classification of counties shall be determined pursuant to Section 1205.
(g)On an annual basis, the county board of education may increase the compensation of individual regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(h)The county board of education may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the county board of education.
(i)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b) of Section 1000.
(2)Regular member means a board member elected or selected pursuant to subdivision (a) of Section 1000.
SEC. 3.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 regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year.
(b)A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular 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 regular 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 regular 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 regular 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 the 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 members rights and privileges related to service on the governing board.
(4)(A)A pupil member of the governing board of a school district shall have preferential voting rights.
(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. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing board in the same manner as regular 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 pupil 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 receive compensation as specified in subdivision (f) of Section 35120.
(9)(A)A pupil member shall be seated with the regular 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 regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of regular 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.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11)The pupil member shall not be liable for any acts of the governing board of the school district.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate the pupil member position 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)Pupil members shall not be considered members 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).
(f)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d).
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive.
SEC. 4.Section 35120 of the Education Code is amended to read:35120.(a)(1)In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(2)In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3)In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4)In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) in any month.
(5)In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred forty dollars ($240) in any month.
(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7)In a school district in which the average daily attendance for the prior school year was less than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed sixty dollars ($60) per month.
(8)A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
(9)For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school districts percentage of excused absences reported for the 199697 fiscal year.
(b)The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c)A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d)Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e)On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f)The governing board of a school district may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing board.
(g)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d) of Section 35012.
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.
SEC. 5.Section 47604.2 of the Education Code is amended to read:47604.2.(a)For purposes of this section, entity managing a charter school has the same meaning as described in subdivision (a) of Section 47604.1.
(b)(1)There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. 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 body of the charter school or of the entity managing multiple charter schools shall order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools 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 that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil members rights and privileges related to service on that governing body.
(4)(A)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights.
(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 body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing body in the same manner as other governing body regular 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 availably of all members of the governing body, including each pupil member.
(7)Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. 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 body.
(8)(A)A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members, and may receive compensation, as specified pursuant to subparagraph (B).
(B)The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing body.
(9)(A)A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools.
(11)The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools.
(12)A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon.
(c)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or 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) or the Bagley-Keene Open Meeting Act.
(d)The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision (b) shall do both of the following:
(1)(A)Notify the chartering authority of the charter school within 30 days of either of the following:
(i)The inclusion of the pupil member.
(ii)Any subsequent change in the pupil membership.
(B)The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b).
(2)Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools.
(e)As used in this section, the following definitions apply:
(1)Pupil member means a pupil member appointed pursuant to subdivision (b).
(2)Regular member means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable.
(f)This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporations articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school.
(g)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 6.Section 1.5 of this bill incorporates amendments to Section 1000 of the Education Code proposed by both this bill and Assembly Bill 417. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 1000 of the Education Code, and (3) this bill is enacted after Assembly Bill 417, in which case Section 1 of this bill shall not become operative.
(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 1.5.Section 1000 of the Education Code is amended to read:1000.(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, or a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 2.Section 1090 of the Education Code is amended to read:1090.(a)The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts:
(1)In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed six hundred dollars ($600) per month.
(2)In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) per month.
(3)In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed three hundred dollars ($300) per month.
(4)In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred dollars ($200) per month.
(5)In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred sixty dollars ($160) per month.
(b)Any regular member or pupil member who does not attend all meetings held in any month may receive as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by subdivision (a) or paragraph (2) of subdivision (h), as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended.
(c)The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education.
(d)A pupil member or regular member of a county board of education may be paid for any meeting for which the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
(e)There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of the county officials duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month.
(f)For purposes of this section, the classification of counties shall be determined pursuant to Section 1205.
(g)On an annual basis, the county board of education may increase the compensation of individual regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(h)The county board of education may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the county board of education.
(i)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b) of Section 1000.
(2)Regular member means a board member elected or selected pursuant to subdivision (a) of Section 1000.
SEC. 3.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 regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year.
(b)A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular 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 regular 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 regular 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 regular 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 the 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 members rights and privileges related to service on the governing board.
(4)(A)A pupil member of the governing board of a school district shall have preferential voting rights.
(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. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing board in the same manner as regular 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 pupil 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 receive compensation as specified in subdivision (f) of Section 35120.
(9)(A)A pupil member shall be seated with the regular 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 regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of regular 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.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11)The pupil member shall not be liable for any acts of the governing board of the school district.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate the pupil member position 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)Pupil members shall not be considered members 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).
(f)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d).
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive.
SEC. 4.Section 35120 of the Education Code is amended to read:35120.(a)(1)In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(2)In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3)In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4)In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) in any month.
(5)In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred forty dollars ($240) in any month.
(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7)In a school district in which the average daily attendance for the prior school year was less than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed sixty dollars ($60) per month.
(8)A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
(9)For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school districts percentage of excused absences reported for the 199697 fiscal year.
(b)The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c)A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d)Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e)On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f)The governing board of a school district may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing board.
(g)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d) of Section 35012.
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.
SEC. 5.Section 47604.2 of the Education Code is amended to read:47604.2.(a)For purposes of this section, entity managing a charter school has the same meaning as described in subdivision (a) of Section 47604.1.
(b)(1)There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. 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 body of the charter school or of the entity managing multiple charter schools shall order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools 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 that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil members rights and privileges related to service on that governing body.
(4)(A)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights.
(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 body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing body in the same manner as other governing body regular 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 availably of all members of the governing body, including each pupil member.
(7)Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. 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 body.
(8)(A)A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members, and may receive compensation, as specified pursuant to subparagraph (B).
(B)The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing body.
(9)(A)A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools.
(11)The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools.
(12)A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon.
(c)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or 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) or the Bagley-Keene Open Meeting Act.
(d)The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision (b) shall do both of the following:
(1)(A)Notify the chartering authority of the charter school within 30 days of either of the following:
(i)The inclusion of the pupil member.
(ii)Any subsequent change in the pupil membership.
(B)The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b).
(2)Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools.
(e)As used in this section, the following definitions apply:
(1)Pupil member means a pupil member appointed pursuant to subdivision (b).
(2)Regular member means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable.
(f)This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporations articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school.
(g)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 6.Section 1.5 of this bill incorporates amendments to Section 1000 of the Education Code proposed by both this bill and Assembly Bill 417. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 1000 of the Education Code, and (3) this bill is enacted after Assembly Bill 417, in which case Section 1 of this bill shall not become operative.
(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 1.5.Section 1000 of the Education Code is amended to read:1000.(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as other board regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, or a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, but is not entitled to the compensation prescribed in Section 35120, except and may receive compensation as specified in subdivision (f) (h) of Section 35120. 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the board regular members at the same time the materials are presented to the other board regular members, being invited to staff briefings of board regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other board regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other board regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting board regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 2.Section 1090 of the Education Code is amended to read:1090.(a)The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts:
(1)In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed six hundred dollars ($600) per month.
(2)In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) per month.
(3)In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed three hundred dollars ($300) per month.
(4)In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred dollars ($200) per month.
(5)In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred sixty dollars ($160) per month.
(b)Any regular member or pupil member who does not attend all meetings held in any month may receive as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by subdivision (a) or paragraph (2) of subdivision (h), as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended.
(c)The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education.
(d)A pupil member or regular member of a county board of education may be paid for any meeting for which the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
(e)There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of the county officials duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month.
(f)For purposes of this section, the classification of counties shall be determined pursuant to Section 1205.
(g)On an annual basis, the county board of education may increase the compensation of individual regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(h)The county board of education may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the county board of education.
(i)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b) of Section 1000.
(2)Regular member means a board member elected or selected pursuant to subdivision (a) of Section 1000.
SEC. 3.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 regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year.
(b)A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular 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 regular 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 regular 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 regular 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 the 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 members rights and privileges related to service on the governing board.
(4)(A)A pupil member of the governing board of a school district shall have preferential voting rights.
(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. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing board in the same manner as regular 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 pupil 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 receive compensation as specified in subdivision (f) of Section 35120.
(9)(A)A pupil member shall be seated with the regular 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 regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of regular 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.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11)The pupil member shall not be liable for any acts of the governing board of the school district.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate the pupil member position 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)Pupil members shall not be considered members 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).
(f)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d).
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive.
SEC. 4.Section 35120 of the Education Code is amended to read:35120.(a)(1)In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(2)In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3)In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4)In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) in any month.
(5)In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred forty dollars ($240) in any month.
(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7)In a school district in which the average daily attendance for the prior school year was less than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed sixty dollars ($60) per month.
(8)A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
(9)For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school districts percentage of excused absences reported for the 199697 fiscal year.
(b)The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c)A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d)Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e)On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f)The governing board of a school district may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing board.
(g)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d) of Section 35012.
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.
SEC. 5.Section 47604.2 of the Education Code is amended to read:47604.2.(a)For purposes of this section, entity managing a charter school has the same meaning as described in subdivision (a) of Section 47604.1.
(b)(1)There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. 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 body of the charter school or of the entity managing multiple charter schools shall order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools 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 that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil members rights and privileges related to service on that governing body.
(4)(A)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights.
(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 body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing body in the same manner as other governing body regular 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 availably of all members of the governing body, including each pupil member.
(7)Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. 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 body.
(8)(A)A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members, and may receive compensation, as specified pursuant to subparagraph (B).
(B)The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing body.
(9)(A)A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools.
(11)The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools.
(12)A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon.
(c)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or 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) or the Bagley-Keene Open Meeting Act.
(d)The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision (b) shall do both of the following:
(1)(A)Notify the chartering authority of the charter school within 30 days of either of the following:
(i)The inclusion of the pupil member.
(ii)Any subsequent change in the pupil membership.
(B)The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b).
(2)Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools.
(e)As used in this section, the following definitions apply:
(1)Pupil member means a pupil member appointed pursuant to subdivision (b).
(2)Regular member means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable.
(f)This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporations articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school.
(g)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
SEC. 6.Section 1.5 of this bill incorporates amendments to Section 1000 of the Education Code proposed by both this bill and Assembly Bill 417. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 1000 of the Education Code, and (3) this bill is enacted after Assembly Bill 417, in which case Section 1 of this bill shall not become operative.
(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 2.Section 1090 of the Education Code is amended to read:1090.(a)The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts:
(1)In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed six hundred dollars ($600) per month.
(2)In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) per month.
(3)In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed three hundred dollars ($300) per month.
(4)In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred dollars ($200) per month.
(5)In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred sixty dollars ($160) per month.
(b)Any regular member or pupil member who does not attend all meetings held in any month may receive as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by subdivision (a) or paragraph (2) of subdivision (h), as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended.
(c)The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education.
(d)A pupil member or regular member of a county board of education may be paid for any meeting for which the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
(e)There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of the county officials duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month.
(f)For purposes of this section, the classification of counties shall be determined pursuant to Section 1205.
(g)On an annual basis, the county board of education may increase the compensation of individual regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(h)The county board of education may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the county board of education.
(i)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b) of Section 1000.
(2)Regular member means a board member elected or selected pursuant to subdivision (a) of Section 1000.
SEC. 3.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 regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year.
(b)A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular 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 regular 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 regular 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 regular 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 the 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 members rights and privileges related to service on the governing board.
(4)(A)A pupil member of the governing board of a school district shall have preferential voting rights.
(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. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing board in the same manner as regular 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 pupil 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 receive compensation as specified in subdivision (f) of Section 35120.
(9)(A)A pupil member shall be seated with the regular 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 regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of regular 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.
(B)A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(10)The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11)The pupil member shall not be liable for any acts of the governing board of the school district.
(12)A majority vote of all voting regular members shall be required to approve a motion to eliminate the pupil member position 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)Pupil members shall not be considered members 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).
(f)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d).
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive.
SEC. 4.Section 35120 of the Education Code is amended to read:35120.(a)(1)In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(2)In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3)In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4)In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) in any month.
(5)In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred forty dollars ($240) in any month.
(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7)In a school district in which the average daily attendance for the prior school year was less than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed sixty dollars ($60) per month.
(8)A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
(9)For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school districts percentage of excused absences reported for the 199697 fiscal year.
(b)The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c)A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d)Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e)On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f)The governing board of a school district may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing board.
(g)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d) of Section 35012.
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.
SEC. 5.Section 47604.2 of the Education Code is amended to read:47604.2.(a)For purposes of this section, entity managing a charter school has the same meaning as described in subdivision (a) of Section 47604.1.
(b)(1)There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. 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 body of the charter school or of the entity managing multiple charter schools shall order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools 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 that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil members rights and privileges related to service on that governing body.
(4)(A)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights.
(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 body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing body in the same manner as other governing body regular 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 availably of all members of the governing body, including each pupil member.
(7)Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. 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 body.
(8)(A)A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members but is not entitled to the compensation prescribed in Section 35120, except as specified in subdivision (f) of Section 35120. members, and may receive compensation, as specified pursuant to subparagraph (B).
(B)The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing body.
(9)(A)A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools.
(11)The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools.
(12)A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon.
(c)A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or 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) or the Bagley-Keene Open Meeting Act.
(d)The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision (b) shall do both of the following:
(1)(A)Notify the chartering authority of the charter school within 30 days of either of the following:
(i)The inclusion of the pupil member.
(ii)Any subsequent change in the pupil membership.
(B)The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b).
(2)Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools.
(e)As used in this section, the following definitions apply:
(1)Pupil member means a pupil member appointed pursuant to subdivision (b).
(2)Regular member means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable.
(e)(f)This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporations articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school.
(f)(g)The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as other board regular 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as members elected or selected pursuant to subdivision (a), regular members, and may receive compensation as specified in subdivision (h) of Section 1090.
(9)(A)A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the board regular members at the same time the materials are presented to the other board regular members, being invited to staff briefings of board regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other board regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other board regular members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting board regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
(d)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b).
(2)Regular member means a board member elected or selected pursuant to subdivision (a).
SEC. 2.Section 1090 of the Education Code is amended to read:1090.(a)The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts:
(1)In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed six hundred dollars ($600) per month.
(2)In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) per month.
(3)In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed three hundred dollars ($300) per month.
(4)In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred dollars ($200) per month.
(5)In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred sixty dollars ($160) per month.
(b)Any regular member or pupil member who does not attend all meetings held in any month may receive as compensation for the regular members services or pupil members services, an amount not greater than the maximum amount allowed by subdivision (a) or paragraph (2) of subdivision (h), as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended.
(c)The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education.
(d)A pupil member or regular member of a county board of education may be paid for any meeting for which the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
(e)There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of the county officials duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month.
(f)For purposes of this section, the classification of counties shall be determined pursuant to Section 1205.
(g)On an annual basis, the county board of education may increase the compensation of individual regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(h)The county board of education may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the county board of education.
(i)As used in this section, the following terms have the following meanings: definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (b) of Section 1000.
(2)Regular member means a board member elected or selected pursuant to subdivision (a) of Section 1000.
SEC. 3.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 regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year.
(b)A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular 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 regular 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 regular 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 regular 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 the 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 members rights and privileges related to service on the governing board.
(4)(A)A pupil member of the governing board of a school district shall have preferential voting rights.
(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. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the governing board in the same manner as other board regular 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 pupil 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 members elected or selected pursuant to subdivisions (a) to (c), inclusive, regular members, and may receive compensation as specified in subdivision (f) of Section 35120.
(9)(A)A pupil member shall be seated with the regular 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 regular members at the same time the materials are presented to the board regular members, being invited to staff briefings of board regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of board regular 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.
(B)A pupil member shall also receive all materials received by other board regular members between open meetings, except for materials that pertain to closed session items.
(10)The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11)The 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 regular members shall be required to approve a motion to eliminate the pupil member position 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)Pupil members shall not be considered members 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).
(f)As used in this section, the following definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d).
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive.
SEC. 4.Section 35120 of the Education Code is amended to read:35120.(a)(1)In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(2)In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3)In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4)In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) in any month.
(5)In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred forty dollars ($240) in any month.
(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7)In a school district in which the average daily attendance for the prior school year was less than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed sixty dollars ($60) per month.
(8)A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular members or pupil members services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
(9)For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school districts percentage of excused absences reported for the 199697 fiscal year.
(b)The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c)A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d)Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e)On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f)The governing board of a school district may award a pupil member either or both of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing board.
(g)As used in this section, the following terms have the following meanings: definitions apply:
(1)Pupil member means a pupil board member appointed pursuant to subdivision (d) of Section 35012.
(2)Regular member means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.
(a)Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven members to be determined by the county committee on school district organization. Each member of the board shall be an elector of the trustee area that the member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education.
(b)(1)There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section.
(2)The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, 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 county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member.
(3)Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education 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 county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil members rights and privileges related to service on the county board of education.
(4)(A)A pupil member of the county board of education shall have preferential voting rights.
(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 county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions.
(B)(i)Each pupil member shall be appointed to subcommittees of the county board of education 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)(A)Except as provided in subparagraph (B), a pupil selected to serve as a member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, 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 county in accordance with policies and procedures prescribed by the county board of education. 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 county board of education.
(B)A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, may be selected to serve as a member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education.
(8)A pupil member shall be entitled to the mileage allowance to the same extent as regular members, but is not entitled to the compensation prescribed in Section 35120, except members elected or selected pursuant to subdivision (a), and may receive compensation as specified in subdivision (f) of Section 35120. (h) of Section 1090.
(9)(A)A pupil member shall be seated with the members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the board members at the same time the materials are presented to the other 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 other board members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B)A pupil member shall also receive all materials received by other board members between open meetings, except for materials that pertain to closed session items.
(10)A pupil member shall not be included in determining the vote required to carry any measure before the county board of education.
(11)A pupil member shall not be liable for any acts of the county board of education.
(12)A majority vote of all voting board members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon.
(13)The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body.
(c)Pupil members of a county board of education shall not be considered members of a legislative body or 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).
SEC. 2.Section 1090 of the Education Code is amended to read:1090.(a)The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts:
(1)In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for his or her the regular members services a sum not to exceed six hundred dollars ($600) per month.
(2)In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for his or her the regular members services a sum not to exceed four hundred dollars ($400) per month.
(3)In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for his or her the regular members services a sum not to exceed three hundred dollars ($300) per month.
(4)In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for his or her the regular members services a sum not to exceed two hundred dollars ($200) per month.
(5)In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for his or her the regular members services a sum not to exceed one hundred sixty dollars ($160) per month.
(b)Any regular member who does not attend all meetings held in any month may receive as compensation for his or her the regular members services an amount not greater than the maximum amount allowed by subdivision (a) divided by the number of meetings held, and multiplied by the number of meetings actually attended.
(c)The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education.
(d)A pupil member or regular member of a county board of education may be paid for any meeting for which he or she the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting he or she the member was performing services outside the meeting on behalf of the board, he or she the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
(e)There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of his or her official the county officials duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month.
(f)For purposes of this section, the classification of counties shall be determined pursuant to Section 1205.
(g)On an annual basis, the county board of education may increase the compensation of individual board regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(h)The county board of education may award a pupil member either of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the county board of education.
(i)As used in this section, the following terms have the following meanings:
(1)Pupil member means a member appointed pursuant to subdivision (b) of Section 1000.
(2)Regular member means a member elected or selected pursuant to Section 1000.
SEC. 3.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 the 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 members rights and privileges related to service on the governing board.
(4)(A)A pupil member of the governing board of a school district shall have preferential voting rights.
(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. No preferential vote shall be solicited on matters subject to closed session discussion.
(5)The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6)(A)Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(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, but is not entitled to the compensation prescribed in Section 35120, except members elected or selected pursuant to subdivisions (a) to (c), inclusive, and may receive compensation as specified in subdivision (f) of Section 35120.
(9)(A)A 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.
(B)A pupil member shall also receive all materials received by other board members between open meetings, except for materials that pertain to closed session items.
(10)The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11)The 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 eliminate the pupil member position 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)Pupil members shall not be considered members 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).
SEC. 4.Section 35120 of the Education Code is amended to read:35120.(a)(1)In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
(2)In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3)In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4)In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed four hundred dollars ($400) in any month.
(5)In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed two hundred forty dollars ($240) in any month.
(6)In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7)In a school district in which the average daily attendance for the prior school year was less than 150, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular members services a sum not to exceed sixty dollars ($60) per month.
(8)A regular member who does not attend all meetings held in any month may receive, as compensation for the regular members services, an amount not greater than the maximum amount allowed by this subdivision divided by the number of meetings held and multiplied by the number of meetings attended.
(9)For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily attendance for the prior school year may be increased by a school districts percentage of excused absences reported for the 199697 fiscal year.
(b)The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c)A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d)Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e)On an annual basis, the governing board may increase the compensation of individual board regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f)The governing board of a school district may award a pupil member elective either of the following:
(1)Elective course credit based on the number of equivalent daily instructional minutes for the pupil members services provided.
(2)Monthly financial compensation as determined by the governing board.
(g)As used in this section, the following terms have the following meanings:
(1)Pupil member means a member appointed pursuant to subdivision (d) of Section 35012.
(2)Regular member means a member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012.
|
Date
|
Status
|
|---|---|
| Oct 7, 2023 | Chaptered by Secretary of State - Chapter 321, Statutes of 2023. |
| Oct 7, 2023 | Approved by the Governor. |
| Sep 13, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 7, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3016.). |
| Sep 5, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77. |
| Sep 5, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2352.). |
| Jun 20, 2023 | Read second time. Ordered to third reading. |
| Jun 19, 2023 | Read third time and amended. Ordered to second reading. |
| Jun 12, 2023 | Ordered to third reading. |
| Jun 12, 2023 | From Consent Calendar. |
| Jun 8, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 7, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 7). |
| May 31, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 3, 2023 | Referred to Com. on ED. |
| Apr 10, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 10, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 0. Page 1076.) |
| Mar 27, 2023 | Read second time. Ordered to third reading. |
| Mar 23, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (March 22). |
| Feb 17, 2023 | Re-referred to Com. on ED. |
| Feb 16, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Feb 2, 2023 | Referred to Com. on ED. |
| Jan 24, 2023 | From printer. May be heard in committee February 23. |
| Jan 23, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | AB 275 Ward Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 5, 2023 | Assembly 3rd Reading AB275 Ward et al. By Glazer | Senate Floor |
Passed |
|
| Jun 7, 2023 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Apr 10, 2023 | AB 275 Ward Assembly Third Reading | Assembly Floor |
Passed |
|
| Mar 22, 2023 | Do pass. | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Ball Frost Group | * Support | Mar 22, 2023 |
| California Association of Student Councils | ** Support | |
| California Student Board Member Association | ** Support | |
| California Youth Empowerment Network | ** Support | |
| Courage California | ** Support | |
| Generation Up | ** Support | |
| Long Beach Unified School District | ** Support | |
| San Diego Community College District | ** Support | |
| San Diego County Office of Education | ** Support | |
| San Diego Unified School District | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 275
Author:(Ward)
As Amended Ver:June 19, 2023
Majority vote
SUMMARY
Authorizes a governing board of a school district, county board of education, and charter school governing board to award a pupil member elective course credit or financial compensation, or both while serving as a pupil member.
Senate Amendments
- Authorizes the governing body of a charter school or of an entity managing multiple charter schools to award a pupil member either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member's services provided; and
- Monthly financial compensation as determined by the governing body.
- Adds double-jointing language to avoid chaptering out issues with AB 417 (Bennett) of the current legislative session.
COMMENTS
Student board members in California. Current law requires the governing board of a school district, county board of education, and governing body of a charter school, 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 that approximately half of all school district governing boards include a student board member.
Compensation for board members. Current law authorizes the members of the governing board of a school district, and the governing board of a county board of education, to receive financial compensation for their service on the board. The amount of compensation is related to board member attendance and average daily attendance (ADA).
School district governing boards | County boards of education | ||
School district ADA | Compensation | Countywide ADA | Compensation |
250,000+ | Salary set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee | 750,000+ | Not to exceed $600 a month |
60,000+ | Not to exceed $1,500 a month | 140,000-749,999 | Not to exceed $400 a month |
25,000+ | Not to exceed $750 a month | 60,000-139,999 | Not to exceed $300 a month |
10,000+ | Not to exceed $400 a month | 30,000-59,999 | Not to exceed $200 a month |
1,001-10,000 | Not to exceed $240 a month | 1,000-29,999 | Not to exceed $160 a month |
151-10,000 | Not to exceed $120 a month | ||
Less than 150 | Not to exceed $60 a month | ||
Note: Current law authorizes, on an annual basis, a school district governing board and a county board of education to increase the compensation of individual board members beyond the limits, in an amount not to exceed 5% based on the present monthly rate of compensation.
This bill would authorize regular (adult, nonstudent) school district governing board members, members of county boards of education, and members of governing bodies of charter schools to approve financial compensation for pupil board members. The amount of the financial compensation would be determined by the governing board. The proposal does not specify a total amount or cap for pupil compensation. Although there is variance between individual governing boards and bodies, most governing board and body members spend a significant amount of time each month attending meetings and other events related to the staff and personnel of the schools they oversee. Given this time commitment, some student board members note they are unable to serve as a governing board or body member, attend high school, and hold a part-time job. Many students rely on the income of a part-time job to support their families and themselves, and the current lack of financial compensation for serving on a governing board is seen by some as a barrier to serving as a pupil member.
County offices of education are responsible for some alternative education. Current law gives COEs a role in alternative education, which refers to any nontraditional academic program designed for students who require or could benefit from an alternative placement. COEs responsible for ensuring students incarcerated at the county level are provided with an educational program, and COEs receive direct funding for educating students who are on probation, referred by probation departments, or mandatorily expelled. All other at‑risk students, including nonmandatorily expelled students, students referred by school attendance review boards, students with significant behavior issues, and students with serious academic deficiencies, are funded through school districts.
According to the Author
"Student board members play a crucial role in representing the student voice and sharing student perspectives with school district and county boards of education. Yet, despite their important responsibilities, current law prohibits them from receiving compensation for their work.
This lack of compensation can create a barrier for many students, particularly those from low-income families, to participate in this important leadership opportunity. By allowing school district boards and county boards of education to provide compensation by offering a stipend to student board members for their work, AB 275 will increase accessibility and empower more students to participate.
Compensating student board members sends a clear message that their time and work are valued and respected. It recognizes their dedication to representing the student voice in discussions and helping find solutions to issues that directly impact them. AB 275 is a critical step towards ensuring that all students have the opportunity to participate as student board members and receive compensation for their work."
Arguments in Support
The San Diego Unified School District writes, "Of the over 420 school districts serving high school students in California, at least 270 have one or more student members on their school board. San Diego Unified has two student board member positions, one of which must be filled by a student enrolled at a school where at least 60% of the student body qualifies for free or reduced-priced meals. Student board members offer a critical connection between the student body and the governing board of the school district. They attend school board meetings, represent the student voice in discussions with the school board, elevate issues of concern to the student body, and meaningfully participate in the governance process of their school districts. However, despite the important work that student board members perform, current law prohibits them from receiving compensation for their work.
San Diego Unified recognizes the crucial role of our student board members in representing the diverse student voices of our district. By allowing school districts to pay student board members, AB 275 will enable San Diego Unified to meaningfully recognize the value that our student board members bring to the district. Furthermore, providing compensation for student board members will remove barriers to participation for low-income students. We strongly believe that all students deserve the opportunity to participate as a student school board member, regardless of their income status, and AB 275 will give districts the tools to increase equitable access to this role."
Arguments in Opposition
Non on file
FISCAL COMMENTS
None. This bill has been keyed non-fiscal by the Office of Legislative Counsel.
VOTES:
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
ASSEMBLY FLOOR: 67-0-13
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
ABS, ABST OR NV: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Blanca Rubio, Sanchez, Valencia, Wilson
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Padilla
UPDATED
VERSION: June 19, 2023
CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0001577
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 275 |
THIRD READING
Bill No: AB 275
Author: Ward (D), et al.
Amended: 6/19/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/7/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
ASSEMBLY FLOOR: 67-0, 4/10/23 - See last page for vote
SUBJECT: School governance: governing boards: pupil members: compensation
SOURCE: California Student Board Member Association
San Diego Unified School District
DIGEST:
This bill permits a governing board of a school district, county board of education, and charter school governing board to award a pupil member elective course credit or financial compensation, or both while serving as a pupil member.
Senate Floor Amendments of 6/19/23 incorporate double-jointed changes to Section 1000 of the Education Code proposed by AB 417 (Bennett) to be operative only if this bill and AB 417 are enacted and this bill is enacted last.
ANALYSIS:
Existing law:
- Clarifies pupil members are not entitled to compensation but are entitled to mileage allowance to the same extent as regular members while serving on a school district governing board. (EC 35012 § (d)(8))
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the governing board. (EC 35012 § (d)(1))
- Requires the petition 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. (EC 35012 § (d)(2))
- Requires each pupil member to have the right to attend all meetings of the school district's governing board, except executive sessions. (EDC 35012 § (d)(9)(A))
- Requires a pupil member to also receive all materials other board members receive between open meetings, except for materials pertaining to closed sessions. (EC 35012 § (d)(9)(B))
- Clarifies pupil members are not entitled to compensation but are entitled to mileage allowance to the same extent as regular members while serving on a county board of education. (EC § 1000(b)(8))
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the county board of education. (EC § 1000(b)(1))
- Requires the petition signed by at least 500 high school pupils enrolled in the district or 10% of the number of high school pupils enrolled in the county, whichever is less. (EC § 1000(b)(2))
- Requires each pupil member to have the right to attend all county board meetings, except executive sessions. (EC § 1000(b)(9)(A))
- Requires a pupil member to also receive all materials other board members receive between open meetings, except for materials pertaining to closed sessions. (EC § 1000(b)(9)(B)
This bill:
- Defines “pupil members” means a pupil board member appointed to the governing board of a school district or county board of education through the student petition process.
- Permits a local governing board and county board of education to award a pupil member in either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided; and
- Monthly financial compensation as determined by the local governing board or the county board of education.
- Specifies that a pupil member of a local governing board or county board of education, in the same manner as a regular member, who does not attend all meetings held in any month may receive, as compensation for the pupil member’s services, an amount not greater than the maximum amount allowed, as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
- Specifies that a pupil member of a local governing board or county board of education, in the same manner as a regular member, may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting, the member is performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
- Defines “regular member” means a board member elected or selected to the governing board of a school district or a county board of education, as specified.
- Permits the governing board of a charter school or entity managing multiple charter schools to award a pupil member in either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided; and
- Monthly financial compensation as determined by the local governing board or the county board of education.
- Defines “regular member” means a governing body member nominated or appointed to the governing board of the charter school or entity managing multiple charter schools, as specified.
Comments
- Need for the bill. According to the author, “Student board members play a crucial role in representing the student voice and sharing student perspectives with school district and county boards of education. Yet, despite their important responsibilities, current law prohibits them from receiving compensation for their work.
“This lack of compensation can create a barrier for many students, particularly those from low-income families, to participate in this important leadership opportunity. By allowing school district boards and county boards of education to provide compensation by offering a stipend to student board members for their work, AB 275 will increase accessibility and empower more students to participate.
“Compensating student board members sends a clear message that their time and work are valued and respected. It recognizes their dedication to representing the student voice in discussions and helping find solutions to issues that directly impact them. AB 275 is a critical step towards ensuring that all students have the opportunity to participate as student board members and receive compensation for their work.”
- California Task Force on K-12 Civic Learning (Task Force). In 2014, the Chief Justice of California and the State Superintendent of Public Instruction formed the Task Force to craft a set of recommendations to improve civic learning in our schools to address the need to revitalize civic learning in our state. To this end, the Task Force makes the following system-wide recommendations to improve civic learning in every district, in every school, and for every child:
- Revise the California History-Social Science Content Standards and accompanying curriculum frameworks to emphasize civic learning, starting in kindergarten, so all students acquire the civic knowledge, skills, and values they need to succeed in college, career, and civic life.
- Integrate civic learning into state assessment and accountability systems for students, schools, and districts. Civic knowledge, skills, values, and whether students receive learning opportunities that promote these outcomes must be assessed and linked to revised California History-Social Science Content Standards and relevant Common Core State Standards. This will enable periodic reporting to the legislature and the public on the state of students’ civic learning.
- Improve professional learning experiences for teachers and administrators to help them implement civic learning in schools. Connect professional learning in civics to Common Core State Standards professional learning experiences.
- Develop an articulated instruction sequence in civic learning across K-12, pegged to revised standards. At each grade level, civic learning should draw on the research-based and include action-oriented, project-based work that develops digital literacy.
- Establish a communication mechanism so community stakeholders can connect with teachers and students on civic education and engagement. Students must leave the school building to practice civic engagement, and civic leaders must come into schools to engage students.
- Provide incentives for local school districts to fund civic learning in Local Control Accountability Plans under the new Local Control Funding Formula.
- How Are Board Members Compensated Currently?
School District Governing Boards | County Boards of Education | ||
School District ADA | Compensation | Countywide ADA | Compensation |
250,000+ | Salary set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee | 750,000+ | Not to exceed $600 a month |
60,000+ | Not to exceed $1,500 a month | 140,000-749,999 | Not to exceed $400 a month |
25,000+ | Not to exceed $750 a month | 60,000-139,999 | Not to exceed $300 a month |
10,000+ | Not to exceed $400 a month | 30,000-59,999 | Not to exceed $200 a month |
1,001-10,000 | Not to exceed $240 a month | 1,000-29,999 | Not to exceed $160 a month |
151-10,000 | Not to exceed $120 a month | ||
Less than 150 | Not to exceed $60 a month | ||
NOTE: Average Daily Attendance (ADA) is based on a school district in which the average daily attendance for the prior school year (EC § 35120 & 1090). On an annual basis, a school district governing board and a county board of education may increase the compensation of individual board members beyond the limits, not exceeding 5%, based on the present monthly compensation rate. | |||
This bill authorizes regular (adult, nonstudent) school district governing board members and members of county boards of education to approve financial compensation for pupil board members. The amount of the financial compensation would be determined by the governing board.This proposal does not specify a total amount or cap for pupil compensation. Although there is variance between individual governing boards, most board members spend a significant amount of time each month attending meetings and other events related to the staff and personnel of the schools they oversee. Given this time commitment, some student board members note they cannot serve as governing board members, attend high school, and hold part-time jobs. Many students rely on the income of a part-time job to support their families and themselves, and the current lack of financial compensation for serving on a governing board is seen by some as a barrier to serving as a pupil member.
Related/Prior Legislation
AB 417 (Bennett, 2023) authorizes a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education to be selected to serve as a member of the county board of education if no petition is submitted to select a pupil.
AB 824 (Bennett, Chapter 669, Statutes of 2021) authorized a pupil petition requesting that a county board of education or the governing body of a charter school appoint one or more pupil board members to be submitted to a board or body operating one or more high schools.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Student Board Member Association (co-source)
San Diego Unified School District (co-source)
California Association of Student Councils
California Youth Empowerment Network
Courage California
Generation Up
Long Beach Unified School District
San Diego Community College District
San Diego County Office of Education
OPPOSITION: (Verified 6/20/23)
None received
ARGUMENTS IN SUPPORT: According to the San Diego Unified School District, “San Diego Unified recognizes the crucial role of our student board members in representing the diverse student voices of our district. By allowing school districts to pay student board members, AB 275 will enable San Diego Unified to meaningfully recognize the value that our student board members bring to the district. Furthermore, providing compensation for student board members will remove barriers to participation for low-income students. We strongly believe that all students deserve the opportunity to participate as a student school board member, regardless of their income status, and AB 275 will give districts the tools to increase equitable access to this role. For these reasons, San Diego Unified sponsors and supports AB 275.”
ASSEMBLY FLOOR: 67-0, 4/10/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
NO VOTE RECORDED: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Blanca Rubio, Sanchez, Valencia, Wilson
Prepared by: Kordell Hampton / ED. / (916) 651-4105
6/21/23 14:30:37
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 275 |
THIRD READING
Bill No: AB 275
Author: Ward (D), et al.
Amended: 5/31/23 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/7/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
ASSEMBLY FLOOR: 67-0, 4/10/23 - See last page for vote
SUBJECT: School governance: governing boards: pupil members: compensation
SOURCE: California Student Board Member Association
San Diego Unified School District
DIGEST:
This bill permits a governing board of a school district, county board of education, and charter school governing board to award a pupil member elective course credit or financial compensation, or both while serving as a pupil member.
ANALYSIS:
Existing law:
- Clarifies pupil members are not entitled to compensation but are entitled to mileage allowance to the same extent as regular members while serving on a school district governing board. (EC 35012 § (d)(8))
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the governing board. (EC 35012 § (d)(1))
- Requires the petition 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. (EC 35012 § (d)(2))
- Requires each pupil member to have the right to attend all meetings of the school district's governing board, except executive sessions. (EDC 35012 § (d)(9)(A))
- Requires a pupil member to also receive all materials other board members receive between open meetings, except for materials pertaining to closed sessions. (EC 35012 § (d)(9)(B))
- Clarifies pupil members are not entitled to compensation but are entitled to mileage allowance to the same extent as regular members while serving on a county board of education. (EC § 1000(b)(8))
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the county board of education. (EC § 1000(b)(1))
- Requires the petition signed by at least 500 high school pupils enrolled in the district or 10% of the number of high school pupils enrolled in the county, whichever is less. (EC § 1000(b)(2))
- Requires each pupil member to have the right to attend all county board meetings, except executive sessions. (EC § 1000(b)(9)(A))
- Requires a pupil member to also receive all materials other board members receive between open meetings, except for materials pertaining to closed sessions. (EC § 1000(b)(9)(B)
This bill:
- Defines “pupil members” means a pupil board member appointed to the governing board of a school district or county board of education through the student petition process.
- Permits a local governing board and county board of education to award a pupil member in either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided; and
- Monthly financial compensation as determined by the local governing board or the county board of education.
- Specifies that a pupil member of a local governing board or county board of education, in the same manner as a regular member, who does not attend all meetings held in any month may receive, as compensation for the pupil member’s services, an amount not greater than the maximum amount allowed, as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
- Specifies that a pupil member of a local governing board or county board of education, in the same manner as a regular member, may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting, the member is performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
- Defines “regular member” means a board member elected or selected to the governing board of a school district or a county board of education, as specified.
- Permits the governing board of a charter school or entity managing multiple charter schools to award a pupil member in either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided; and
- Monthly financial compensation as determined by the local governing board or the county board of education.
- Defines “regular member” means a governing body member nominated or appointed to the governing board of the charter school or entity managing multiple charter schools, as specified.
Comments
- Need for the bill. According to the author, “Student board members play a crucial role in representing the student voice and sharing student perspectives with school district and county boards of education. Yet, despite their important responsibilities, current law prohibits them from receiving compensation for their work.
“This lack of compensation can create a barrier for many students, particularly those from low-income families, to participate in this important leadership opportunity. By allowing school district boards and county boards of education to provide compensation by offering a stipend to student board members for their work, AB 275 will increase accessibility and empower more students to participate.
“Compensating student board members sends a clear message that their time and work are valued and respected. It recognizes their dedication to representing the student voice in discussions and helping find solutions to issues that directly impact them. AB 275 is a critical step towards ensuring that all students have the opportunity to participate as student board members and receive compensation for their work.”
- California Task Force on K-12 Civic Learning (Task Force). In 2014, the Chief Justice of California and the State Superintendent of Public Instruction formed the Task Force to craft a set of recommendations to improve civic learning in our schools to address the need to revitalize civic learning in our state. To this end, the Task Force makes the following system-wide recommendations to improve civic learning in every district, in every school, and for every child:
- Revise the California History-Social Science Content Standards and accompanying curriculum frameworks to emphasize civic learning, starting in kindergarten, so all students acquire the civic knowledge, skills, and values they need to succeed in college, career, and civic life.
- Integrate civic learning into state assessment and accountability systems for students, schools, and districts. Civic knowledge, skills, values, and whether students receive learning opportunities that promote these outcomes must be assessed and linked to revised California History-Social Science Content Standards and relevant Common Core State Standards. This will enable periodic reporting to the legislature and the public on the state of students’ civic learning.
- Improve professional learning experiences for teachers and administrators to help them implement civic learning in schools. Connect professional learning in civics to Common Core State Standards professional learning experiences.
- Develop an articulated instruction sequence in civic learning across K-12, pegged to revised standards. At each grade level, civic learning should draw on the research-based and include action-oriented, project-based work that develops digital literacy.
- Establish a communication mechanism so community stakeholders can connect with teachers and students on civic education and engagement. Students must leave the school building to practice civic engagement, and civic leaders must come into schools to engage students.
- Provide incentives for local school districts to fund civic learning in Local Control Accountability Plans under the new Local Control Funding Formula.
- How Are Board Members Compensated Currently?
School District Governing Boards | County Boards of Education | ||
School District ADA | Compensation | Countywide ADA | Compensation |
250,000+ | Salary set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee | 750,000+ | Not to exceed $600 a month |
60,000+ | Not to exceed $1,500 a month | 140,000-749,999 | Not to exceed $400 a month |
25,000+ | Not to exceed $750 a month | 60,000-139,999 | Not to exceed $300 a month |
10,000+ | Not to exceed $400 a month | 30,000-59,999 | Not to exceed $200 a month |
1,001-10,000 | Not to exceed $240 a month | 1,000-29,999 | Not to exceed $160 a month |
151-10,000 | Not to exceed $120 a month | ||
Less than 150 | Not to exceed $60 a month | ||
NOTE: Average Daily Attendance (ADA) is based on a school district in which the average daily attendance for the prior school year (EC § 35120 & 1090). On an annual basis, a school district governing board and a county board of education may increase the compensation of individual board members beyond the limits, not exceeding 5%, based on the present monthly compensation rate. | |||
This bill authorizes regular (adult, nonstudent) school district governing board members and members of county boards of education to approve financial compensation for pupil board members. The amount of the financial compensation would be determined by the governing board.This proposal does not specify a total amount or cap for pupil compensation. Although there is variance between individual governing boards, most board members spend a significant amount of time each month attending meetings and other events related to the staff and personnel of the schools they oversee. Given this time commitment, some student board members note they cannot serve as governing board members, attend high school, and hold part-time jobs. Many students rely on the income of a part-time job to support their families and themselves, and the current lack of financial compensation for serving on a governing board is seen by some as a barrier to serving as a pupil member.
Related/Prior Legislation
AB 417 (Bennett, 2023) authorizes a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education to be selected to serve as a member of the county board of education if no petition is submitted to select a pupil.
AB 824 (Bennett, Chapter 669, Statutes of 2021) authorized a pupil petition requesting that a county board of education or the governing body of a charter school appoint one or more pupil board members to be submitted to a board or body operating one or more high schools.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Student Board Member Association (co-source)
San Diego Unified School District (co-source)
California Association of Student Councils
California Youth Empowerment Network
Courage California
Generation Up
Long Beach Unified School District
San Diego Community College District
San Diego County Office of Education
OPPOSITION: (Verified 6/9/23)
None received
ARGUMENTS IN SUPPORT: According to the San Diego Unified School District, “San Diego Unified recognizes the crucial role of our student board members in representing the diverse student voices of our district. By allowing school districts to pay student board members, AB 275 will enable San Diego Unified to meaningfully recognize the value that our student board members bring to the district. Furthermore, providing compensation for student board members will remove barriers to participation for low-income students. We strongly believe that all students deserve the opportunity to participate as a student school board member, regardless of their income status, and AB 275 will give districts the tools to increase equitable access to this role. For these reasons, San Diego Unified sponsors and supports AB 275.”
ASSEMBLY FLOOR: 67-0, 4/10/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner Horvath, Bonta, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Santiago, Schiavo, Soria, Ta, Ting, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wood, Zbur, Rendon
NO VOTE RECORDED: Bauer-Kahan, Bryan, Chen, Davies, Essayli, McKinnor, Jim Patterson, Petrie-Norris, Quirk-Silva, Blanca Rubio, Sanchez, Valencia, Wilson
Prepared by: Kordell Hampton / ED. / (916) 651-4105
6/12/23 15:40:21
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: AB 275 Hearing Date: June 7, 2023
Author: | |||
Version: | May 31, 2023 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Kordell Hampton | ||
Subject: School governance: governing boards: pupil members: compensation.
SUMMARY
Permits a governing board of a school district, county board of education, and charter school governing board to award a pupil member elective course credit or financial compensation, or both while serving as a pupil member.
BACKGROUND
Existing Law:
Education Code (EC)
Governing Boards of a School District
- Clarifies pupil members are not entitled to compensation but are entitled to mileage allowance to the same extent as regular members while serving on a school district governing board. (EC 35012 § (d)(8))
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the governing board. (EC 35012 § (d)(1))
- Requires the petition 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. (EC 35012 § (d)(2))
- Requires each pupil member to have the right to attend all meetings of the school district's governing board, except executive sessions. (EDC 35012 § (d)(9)(A))
- Requires a pupil member to also receive all materials other board members receive between open meetings, except for materials pertaining to closed sessions. (EC 35012 § (d)(9)(B))
County Boards of Education
- Clarifies pupil members are not entitled to compensation but are entitled to mileage allowance to the same extent as regular members while serving on a county board of education. (EC § 1000(b)(8))
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the county board of education. (EC § 1000(b)(1))
- Requires the petition signed by at least 500 high school pupils enrolled in the district or 10% of the number of high school pupils enrolled in the county, whichever is less. (EC § 1000(b)(2))
- Requires each pupil member to have the right to attend all county board meetings, except executive sessions. (EC § 1000(b)(9)(A))
- Requires a pupil member to also receive all materials other board members receive between open meetings, except for materials pertaining to closed sessions. (EC § 1000(b)(9)(B)
ANALYSIS
Permits a governing board of a school district, county board of education, and charter school governing board to award a pupil member elective course credit or financial compensation, or both while serving as a pupil member. Specifically, this bill:
Definitions
- Defines “pupil members” means a pupil board member appointed to the governing board of a school district or county board of education through the student petition process.
Governing Boards of a School District and County Board of Education
- Permits a local governing board and county board of education to award a pupil member in either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided;
- Monthly financial compensation as determined by the local governing board or the county board of education.
- Specifies that a pupil member of a local governing board or county board of education, in the same manner as a regular member, who does not attend all meetings held in any month may receive, as compensation for the pupil member’s services, an amount not greater than the maximum amount allowed, as applicable, divided by the number of meetings held and multiplied by the number of meetings attended.
- Specifies that a pupil member of a local governing board or county board of education, in the same manner as a regular member, may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting, the member is performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
- Defines “regular member” means a board member elected or selected to the governing board of a school district or a county board of education, as specified.
Charter School Governing Board
- Permits the governing board of a charter school or entity managing multiple charter schools to award a pupil member in either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided;
- Monthly financial compensation as determined by the local governing board or the county board of education.
- Defines “regular member” means a governing body member nominated or appointed to the governing board of the charter school or entity managing multiple charter schools, as specified.
STAFF COMMENTS
- Need for the bill. According to the author, “Student board members play a crucial role in representing the student voice and sharing student perspectives with school district and county boards of education. Yet, despite their important responsibilities, current law prohibits them from receiving compensation for their work.
This lack of compensation can create a barrier for many students, particularly those from low-income families, to participate in this important leadership opportunity. By allowing school district boards and county boards of education to provide compensation by offering a stipend to student board members for their work, AB 275 will increase accessibility and empower more students to participate.
Compensating student board members sends a clear message that their time and work are valued and respected. It recognizes their dedication to representing the student voice in discussions and helping find solutions to issues that directly impact them. AB 275 is a critical step towards ensuring that all students have the opportunity to participate as student board members and receive compensation for their work.”
- California Task Force on K-12 Civic Learning (Task Force). In 2014, the Chief Justice of California and the State Superintendent of Public Instruction formed the Task Force to craft a set of recommendations to improve civic learning in our schools to address the need to revitalize civic learning in our state. To this end, the Task Force makes the following system-wide recommendations to improve civic learning in every district, in every school, and for every child:
- Revise the California History-Social Science Content Standards and accompanying curriculum frameworks to emphasize civic learning, starting in kindergarten, so all students acquire the civic knowledge, skills, and values they need to succeed in college, career, and civic life.
- Integrate civic learning into state assessment and accountability systems for students, schools, and districts. Civic knowledge, skills, values, and whether students receive learning opportunities that promote these outcomes must be assessed and linked to revised California History-Social Science Content Standards and relevant Common Core State Standards. This will enable periodic reporting to the legislature and the public on the state of students’ civic learning.
- Improve professional learning experiences for teachers and administrators to help them implement civic learning in schools. Connect professional learning in civics to Common Core State Standards professional learning experiences.
- Develop an articulated instruction sequence in civic learning across K-12, pegged to revised standards. At each grade level, civic learning should draw on the research-based and include action-oriented, project-based work that develops digital literacy.
- Establish a communication mechanism so community stakeholders can connect with teachers and students on civic education and engagement. Students must leave the school building to practice civic engagement, and civic leaders must come into schools to engage students.
- Provide incentives for local school districts to fund civic learning in Local Control Accountability Plans under the new Local Control Funding Formula (LCFF).
Current law requires the governing board of a school district, county board of education, and governing body of a charter school, to include a student board member if a petition signed by a specified number of high school students is brought before the governing board.
- How Are Board Members Compensated Currently?
School District Governing Boards | County Boards of Education | ||
School District ADA | Compensation | Countywide ADA | Compensation |
250,000+ | Salary set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee | 750,000+ | Not to exceed $600 a month |
60,000+ | Not to exceed $1,500 a month | 140,000-749,999 | Not to exceed $400 a month |
25,000+ | Not to exceed $750 a month | 60,000-139,999 | Not to exceed $300 a month |
10,000+ | Not to exceed $400 a month | 30,000-59,999 | Not to exceed $200 a month |
1,001-10,000 | Not to exceed $240 a month | 1,000-29,999 | Not to exceed $160 a month |
151-10,000 | Not to exceed $120 a month | ||
Less than 150 | Not to exceed $60 a month | ||
NOTE: Average Daily Attendance (ADA) is based on a school district in which the average daily attendance for the prior school year (EC § 35120 & 1090). On an annual basis, a school district governing board and a county board of education may increase the compensation of individual board members beyond the limits, not exceeding 5%, based on the present monthly compensation rate. | |||
This bill would authorize regular (adult, nonstudent) school district governing board members and members of county boards of education to approve financial compensation for pupil board members. The amount of the financial compensation would be determined by the governing board.This proposal does not specify a total amount or cap for pupil compensation. Although there is variance between individual governing boards, most board members spend a significant amount of time each month attending meetings and other events related to the staff and personnel of the schools they oversee. Given this time commitment, some student board members note they cannot serve as governing board members, attend high school, and hold part-time jobs. Many students rely on the income of a part-time job to support their families and themselves, and the current lack of financial compensation for serving on a governing board is seen by some as a barrier to serving as a pupil member.
- Related Legislation
AB 417 (Bennett) of the 2023-24 Session would authorize a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education to be selected to serve as a member of the county board of education if no petition is submitted to select a pupil.
AB 824 (Bennett) Chapter 669, Statutes of 2021, authorizes a pupil petition requesting that a county board of education or the governing body of a charter school appoint one or more pupil board members to be submitted to a board or body operating one or more high schools.
AB 709 (Bonta) Chapter 437, Statutes of 2019, requires pupil members of a school district’s governing board to be appointed to subcommittees like other board members, among other requirements.
SB 126 (Leyva) Chapter 3, Statutes of 2019 requires a charter school and an entity managing a charter school to be subject to the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act; the California Public Records Act; Government Code 1090; and, the Political Reform Act.
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, modifies 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 before the motion being voted upon.
SUPPORT
San Diego Unified School District (Co-Sponsor)
California Association of Student Councils
Courage California
Generation Up
Long Beach Unified School District
San Diego County Office of Education
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 275
Author:(Ward)
As Amended Ver:February 16, 2023
Majority vote
SUMMARY
Authorizes a governing board of a school district and a county board of education to award a pupil member elective course credit or financial compensation, or both.
Major Provisions
- Authorizes the governing board of a school district and county board of education to award a pupil member either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil's services provided; or
- Monthly financial compensation as determined by the governing board of the school district or the county board of education.
COMMENTS
Student board members in California. Current law requires the governing board of a school district, county board of education, and governing body of a charter school, 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 that approximately half of all school district governing boards include a student board member.
Compensation for board members. Current law authorizes the members of the governing board of a school district, and the governing board of a county board of education, to receive financial compensation for their service on the board. The amount of compensation is related to board member attendance and average daily attendance (ADA).
School district governing boards | County boards of education | ||
School district ADA | Compensation | Countywide ADA | Compensation |
250,000+ | Salary set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee | 750,000+ | Not to exceed $600 a month |
60,000+ | Not to exceed $1,500 a month | 140,000-749,999 | Not to exceed $400 a month |
25,000+ | Not to exceed $750 a month | 60,000-139,999 | Not to exceed $300 a month |
10,000+ | Not to exceed $400 a month | 30,000-59,999 | Not to exceed $200 a month |
1,001-10,000 | Not to exceed $240 a month | 1,000-29,999 | Not to exceed $160 a month |
151-10,000 | Not to exceed $120 a month | ||
Less than 150 | Not to exceed $60 a month | ||
Note: Current law authorizes, on an annual basis, a school district governing board and a county board of education to increase the compensation of individual board members beyond the limits, in an amount not to exceed 5% based on the present monthly rate of compensation.
This bill would authorize regular (adult, nonstudent) school district governing board members and members of county boards of education to approve financial compensation for pupil board members. The amount of the financial compensation would be determined by the governing board. The proposal does not specify a total amount or cap for pupil compensation. Although there is variance between individual governing boards, most governing board members spend a significant amount of time each month attending meetings and other events related to the staff and personnel of the schools they oversee. Given this time commitment, some student board members note they are unable to serve as a governing board member, attend high school, and hold a part-time job. Many students rely on the income of a part-time job to support their families and themselves, and the current lack of financial compensation for serving on a governing board is seen by some as a barrier to serving as a pupil member.
County offices of education are responsible for some alternative education. Current law gives COEs a role in alternative education, which refers to any nontraditional academic program designed for students who require or could benefit from an alternative placement. COEs responsible for ensuring students incarcerated at the county level are provided with an educational program, and COEs receive direct funding for educating students who are on probation, referred by probation departments, or mandatorily expelled. All other at‑risk students, including nonmandatorily expelled students, students referred by school attendance review boards, students with significant behavior issues, and students with serious academic deficiencies, are funded through school districts.
According to the Author
"Student board members play a crucial role in representing the student voice and sharing student perspectives with school district and county boards of education. Yet, despite their important responsibilities, current law prohibits them from receiving compensation for their work.
This lack of compensation can create a barrier for many students, particularly those from low-income families, to participate in this important leadership opportunity. By allowing school district boards and county boards of education to provide compensation by offering a stipend to student board members for their work, AB 275 will increase accessibility and empower more students to participate.
Compensating student board members sends a clear message that their time and work are valued and respected. It recognizes their dedication to representing the student voice in discussions and helping find solutions to issues that directly impact them. AB 275 is a critical step towards ensuring that all students have the opportunity to participate as student board members and receive compensation for their work."
Arguments in Support
The San Diego Unified School District writes, "Of the over 420 school districts serving high school students in California, at least 270 have one or more student members on their school board. San Diego Unified has two student board member positions, one of which must be filled by a student enrolled at a school where at least 60% of the student body qualifies for free or reduced-priced meals. Student board members offer a critical connection between the student body and the governing board of the school district. They attend school board meetings, represent the student voice in discussions with the school board, elevate issues of concern to the student body, and meaningfully participate in the governance process of their school districts. However, despite the important work that student board members perform, current law prohibits them from receiving compensation for their work.
San Diego Unified recognizes the crucial role of our student board members in representing the diverse student voices of our district. By allowing school districts to pay student board members, AB 275 will enable San Diego Unified to meaningfully recognize the value that our student board members bring to the district. Furthermore, providing compensation for student board members will remove barriers to participation for low-income students. We strongly believe that all students deserve the opportunity to participate as a student school board member, regardless of their income status, and AB 275 will give districts the tools to increase equitable access to this role."
Arguments in Opposition
None on file
FISCAL COMMENTS
None. This bill has been keyed non-fiscal by the Office of Legislative Counsel.
VOTES
ASM EDUCATION: 7-0-0
YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva
UPDATED
VERSION: February 16, 2023
CONSULTANT: Marguerite Ries / ED. / (916) 319-2087 FN: 0000174
Date of Hearing: March 22, 2023
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 275 (
Author:Ward) – As Amended Ver:February 16, 2023
SUBJECT: School governance: governing boards: pupil members: compensation
SUMMARY: Authorizes a governing board of a school district and a county board of education to award a pupil member elective course credit or financial compensation, or both. Specifically, this bill:
- Authorizes a pupil member of a governing board of a school district and a county board of education may receive compensation, as specified.
- Defines the following:
- “Pupil member” means a student board member appointed to the governing board of a school district or county board of education, according to a specified student petition process; and
- “Regular member” means a board member elected or selected to the governing board of a school district or a county board of education, as specified.
- Authorizes the governing board of a school district and county board of education to award a pupil member either or both of the following:
- Elective course credit based on the number of equivalent daily instructional minutes for the pupil’s services provided; or
- Monthly financial compensation as determined by the governing board of the school district or the county board of education.
- Authorizes any regular member or pupil member who does not attend all meetings held in any month to receive as compensation for the regular member or pupil member’s services, an amount not greater than the maximum amount allowed, as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended.
- Authorizes a pupil member or regular member of a governing board of a school district and a county board of education to be paid for any meeting for which the member is absent if the board by resolution, duly adopted and included within its minutes, finds that the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board.
EXISTING LAW:
School districts:
- Authorizes pupils in a school district that maintains one or more high schools to petition the governing board to appoint one or more pupil members to the governing board.
- 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.
- 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.
- Requires a pupil member to also receive all materials received by other board members between open meetings, except for materials that pertain to closed session.
- 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 (EC) 35012)
- Authorizes, in a school district in which the average daily attendance (ADA) for the prior school year exceeded 250,000, each member of the governing board of the school district who attends all meetings held to receive as compensation for the member’s services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.
- Authorizes, in a school district that is not located in a city and county, and in which the ADA for the prior school year exceeded 60,000, the governing board to prescribe, as compensation for the services of each member of the board who attends all meetings held, a sum not to exceed $1,500 in any month.
- Authorizes, in a school district in which the ADA for the prior school year was 60,000 or less, but more than 25,000, each member of the city board of education or the governing board of the school district who attends all meetings held to receive as compensation for the member’s services a sum not to exceed $750 in any month.
- Authorizes, in a school district in which the ADA for the prior school year was 25,000 or less, but more than 10,000, each member of the city board of education or the governing board of the school district who attends all meetings held to receive as compensation for the member’s services a sum not to exceed $400 in any month.
- Authorizes, in a school district in which the ADA for the prior school year was 10,000 or less, but more than 1,000, each member of the city board of education or the governing board of the school district who attends all meetings held to receive as compensation for the member’s services a sum not to exceed $240 in any month.
- Authorizes, in a school district in which the ADA for the prior school year was 1,000 or less, but more than 150, each member of the city board of education or the governing board of the school district who attends all meetings held to receive as compensation for the member’s services a sum not to exceed $120 in any month.
- Authorizes, in a school district in which the ADA for the prior school year was less than 150, each member of the city board of education or the governing board of the school district who attends all meetings held to receive as compensation for the member’s services a sum not to exceed $60 per month.
- Authorizes the governing board of a school district to award a pupil member elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided. (EC 35120)
County boards of education:
- Authorizes pupils in high schools under the jurisdiction of the county board of education to appoint one or more pupil members to the governing board.
- Requires the petition to be signed by at least 500 high school pupils enrolled in high schools under the jurisdiction of the county board of education or 10% of the number of high school pupils enrolled in schools under the jurisdiction of the county board of education, whichever is less.
- Requires each pupil to have the right to attend each and all meetings of the county board of education, except executive sessions.
- Requires a pupil member to also receive all materials received by other board members between open meetings, except for materials that pertain to closed session items.
- Entitles each pupil member to the same mileage allowance to the extent as regular members, but excludes pupil members from permissive monthly compensation. (EC 1000)
- Authorizes the board of supervisors to allow, as compensation, as specified, to each member of the county board of education.
FISCAL EFFECT: Unknown
COMMENTS:
Need for the bill. According to the author, “Student board members play a crucial role in representing the student voice and sharing student perspectives with school district and county boards of education. Yet, despite their important responsibilities, current law prohibits them from receiving compensation for their work.
This lack of compensation can create a barrier for many students, particularly those from low-income families, to participate in this important leadership opportunity. By allowing school district boards and county boards of education to provide compensation by offering a stipend to student board members for their work, AB 275 will increase accessibility and empower more students to participate.
Compensating student board members sends a clear message that their time and work are valued and respected. It recognizes their dedication to representing the student voice in discussions and helping find solutions to issues that directly impact them. AB 275 is a critical step towards ensuring that all students have the opportunity to participate as student board members and receive compensation for their work.”
Student board members in California. Current law requires the governing board of a school district, county board of education, and governing body of a charter school, 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 that approximately half of all school district governing boards include a student board member.
Compensation for board members. Current law authorizes the members of the governing board of a school district, and the governing board of a county board of education, to receive financial compensation for their service on the board. The amount of compensation is related to board member attendance and ADA.
School district governing boards | County boards of education | ||
School district ADA | Compensation | Countywide ADA | Compensation |
250,000+ | Salary set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee | 750,000+ | Not to exceed $600 a month |
60,000+ | Not to exceed $1,500 a month | 140,000-749,999 | Not to exceed $400 a month |
25,000+ | Not to exceed $750 a month | 60,000-139,999 | Not to exceed $300 a month |
10,000+ | Not to exceed $400 a month | 30,000-59,999 | Not to exceed $200 a month |
1,001-10,000 | Not to exceed $240 a month | 1,000-29,999 | Not to exceed $160 a month |
151-10,000 | Not to exceed $120 a month | ||
Less than 150 | Not to exceed $60 a month | ||
Note: Current law authorizes, on an annual basis, a school district governing board and a county board of education to increase the compensation of individual board members beyond the limits, in an amount not to exceed 5% based on the present monthly rate of compensation.
This bill would authorize regular (adult, nonstudent) school district governing board members and members of county boards of education to approve financial compensation for pupil board members. The amount of the financial compensation would be determined by the governing board. The proposal does not specify a total amount or cap for pupil compensation. Although there is variance between individual governing boards, most governing board members spend a significant amount of time each month attending meetings and other events related to the staff and personnel of the schools they oversee. Given this time commitment, some student board members note they are unable to serve as a governing board member, attend high school, and hold a part-time job. Many students rely on the income of a part-time job to support their families and themselves, and the current lack of financial compensation for serving on a governing board is seen by some as a barrier to serving as a pupil member.
County offices of education are responsible for some alternative education. Current law gives COEs a role in alternative education, which refers to any nontraditional academic program designed for students who require or could benefit from an alternative placement. COEs responsible for ensuring students incarcerated at the county level are provided with an educational program, and COEs receive direct funding for educating students who are on probation, referred by probation departments, or mandatorily expelled. All other at‑risk students, including nonmandatorily expelled students, students referred by school attendance review boards, students with significant behavior issues, and students with serious academic deficiencies, are funded through school districts.
Arguments in support. The San Diego Unified School District writes, “Of the over 420 school districts serving high school students in California, at least 270 have one or more student members on their school board. San Diego Unified has two student board member positions, one of which must be filled by a student enrolled at a school where at least 60% of the student body qualifies for free or reduced-priced meals. Student board members offer a critical connection between the student body and the governing board of the school district. They attend school board meetings, represent the student voice in discussions with the school board, elevate issues of concern to the student body, and meaningfully participate in the governance process of their school districts. However, despite the important work that student board members perform, current law prohibits them from receiving compensation for their work.
San Diego Unified recognizes the crucial role of our student board members in representing the diverse student voices of our district. By allowing school districts to pay student board members, AB 275 will enable San Diego Unified to meaningfully recognize the value that our student board members bring to the district. Furthermore, providing compensation for student board members will remove barriers to participation for low-income students. We strongly believe that all students deserve the opportunity to participate as a student school board member, regardless of their income status, and AB 275 will give districts the tools to increase equitable access to this role.”
Related legislation. AB 417 (Bennett) of the 2023-24 Session would authorize a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education to be selected to serve as a member of the county board of education, if no petition is submitted to select a pupil.
AB 824 (Bennett) Chapter 669, Statutes of 2021, authorizes a pupil petition requesting that a county board of education or the governing body of a charter school appoint one or more pupil board members to be submitted to a board or body operating one or more high schools.
SB 1236 (Glazer) of the 2021-22 Session would have authorized the governing board of a school district to adopt resolutions to make each preferential voting pupil member a full voting pupil member of the governing board, and would have authorized the governing board to restrict by resolution a full voting pupil member from voting on certain matters. The bill would have only prohibited 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 have required 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, except as specified. This bill was held in the Assembly Education Committee.
AB 709 (Bonta) Chapter 437, Statutes of 2019, 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.
SB 126 (Leyva) Chapter 3, Statutes of 2019, requires a charter school and an entity managing a charter school to be subject to the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act, the California Public Records Act, Government Code 1090, and, the Political Reform Act.
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, modifies 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 would have 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
California Student Board Member Association
Courage California
GenUp (generation Up)
Long Beach Unified School District
San Diego County Office of Education
San Diego Unified School District
Opposition
None on file
Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087
Discussed in Hearing
36SEC
Assembly Floor
44SEC
Senate Floor
1MIN
Assembly Floor
8MIN
Assembly Standing Committee on Education
Bill Author
