AB 417: County boards of education: pupil members.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State - Chapter 437, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets county boards of education appoint a student from a county-run high school to serve as a pupil member of the county board when no student petition is filed, expanding who may be selected to represent students. It also defines pupil member rights and limits: they get a recorded advisory (preferential) vote that does not change the final tally, may attend open meetings and subcommittees like regular members, receive meeting materials, mileage and possible pay, be named alternates, and are protected from liability.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law authorizes governing boards of county boards of education to appoint one or more high school pupils enrolled in a school that is under the jurisdiction of the county board of education as members in response to a petition from high school pupils of the county board requesting the governing board to appoint one or more pupil members. Existing law authorizes 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would additionally authorize 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would incorporate additional changes to Section 1000 of the Education Code proposed by AB 275 to be operative only if this bill and AB 275 are enacted and this bill is enacted last.
Existing law authorizes governing boards of county boards of education to appoint one or more high school pupils enrolled in a school that is under the jurisdiction of the county board of education as members in response to a petition from high school pupils of the county board requesting the governing board to appoint one or more pupil members. Existing law authorizes 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would additionally authorize 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would incorporate additional changes to Section 1000 of the Education Code proposed by AB 275 to be operative only if this bill and AB 275 are enacted and this bill is enacted last.
Existing law authorizes governing boards of county boards of education to appoint one or more high school pupils enrolled in a school that is under the jurisdiction of the county board of education as members in response to a petition from high school pupils of the county board requesting the governing board to appoint one or more pupil members. Existing law authorizes 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would additionally authorize 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would incorporate additional changes to Section 1000 of the Education Code proposed by AB 275 to be operative only if this bill and AB 275 are enacted and this bill is enacted last.
Existing law authorizes governing boards of county boards of education to appoint one or more high school pupils enrolled in a school that is under the jurisdiction of the county board of education as members in response to a petition from high school pupils of the county board requesting the governing board to appoint one or more pupil members. Existing law authorizes 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, to be selected to serve as a pupil member of the county board of education, 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.
This bill would additionally authorize 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, to be selected to serve as a pupil member of the county board of education, 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.
(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, 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 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 as specified in subdivision (f) of Section 35120.
(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. 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 1.5 of this bill incorporates amendments to Section 1000 of the Education Code proposed by this bill and Assembly Bill 275. 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 275, 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 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, 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 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 as specified in subdivision (f) of Section 35120.
(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. 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 1.5 of this bill incorporates amendments to Section 1000 of the Education Code proposed by this bill and Assembly Bill 275. 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 275, 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 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, 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 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 as specified in subdivision (f) of Section 35120.
(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. 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 1.5 of this bill incorporates amendments to Section 1000 of the Education Code proposed by this bill and Assembly Bill 275. 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 275, 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 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, 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 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 as specified in subdivision (f) of Section 35120.
(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).
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State - Chapter 437, Statutes of 2023. |
| Oct 8, 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 78. Noes 0. Page 3019.). |
| 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 39. Noes 0. Page 2351.). |
| Jun 20, 2023 | Read second time. Ordered to third reading. |
| Jun 19, 2023 | Read third time and amended. Ordered to second reading. |
| Jun 8, 2023 | From Consent Calendar. |
| Jun 8, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 8, 2023 | Ordered to third reading. |
| Jun 7, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 7). |
| May 3, 2023 | Referred to Com. on ED. |
| Mar 30, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 30, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 1011.) |
| Mar 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Mar 23, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (March 22). |
| Mar 23, 2023 | Coauthors revised. |
| Feb 9, 2023 | Referred to Com. on ED. |
| Feb 3, 2023 | From printer. May be heard in committee March 5. |
| Feb 2, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
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Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | AB 417 Bennett Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 5, 2023 | Assembly 3rd Reading AB417 Bennett et al. By Limón | Senate Floor |
Passed |
|
| Jun 7, 2023 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Mar 30, 2023 | AB 417 Bennett Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Mar 22, 2023 | Do pass. To Consent Calendar. | 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
|
|---|---|---|
| California School Boards Association | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 417
Author:(Bennett)
As Amended Ver:June 19, 2023
Majority vote
SUMMARY
Authorizes a student 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 student.
Senate Amendments
Adds double-jointing language to avoid chaptering out issues with AB 275 (Ward) of the current legislative session.
COMMENTS
Key provisions of the bill. Current law authorizes governing boards of county boards of education to appoint one or more high school students enrolled in a high school that is under the jurisdiction of the county board of education as members in response to a petition from high school students of the county board requesting the governing board to appoint one or more student members. A student who is enrolled in a high school that is under the jurisdiction of a school district may be selected to serve as a student member of the county board of education if no petition is submitted to select a student who is enrolled in a high school that is under the jurisdiction of the county board of education. This bill would also authorize a student who is enrolled in a high school under the jurisdiction of the county board of education to be selected to serve as a student member of the county board of education, if no petition is submitted to select a student who is enrolled in a high school that is under the jurisdiction of the county board of education.
Student board members in California. Current law requires the governing board of a school district, governing board of a 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 approximately half of all school district governing boards include a student board 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
"AB 417 clarifies and expands on the provisions of my previous bill AB 824, which allowed high school students to petition for a seat on their local County Boards of Education and Charter School Governing Boards. We have since discovered that the language in AB 824 inadvertently left out a population of students which we intended to include in the original bill. This population of students includes programs that are generally overseen by County Boards of Education, such as special education, community schools, juvenile court schools, and in some cases, charter schools and secondary schools."
Arguments in Support
The California School Boards Association writes, "Students, including those enrolled in high schools maintained by county boards of education, should have a role in the decisions that affect their education and their schools. Serving on the governing board of either a school district or county board of education is one of the most direct methods of involvement that a student can have in local education decision making. By serving on the board, these student leaders provide a critically important perspective from the constituency that the county board and the county office of education are empowered to serve.
Students in high schools maintained by the county board of education deserve an equal opportunity to serve on their governing board. However, state law does not provide for a process that enables these students to be selected for a position in the absence of a petition. AB 417 would remedy this inequity in current law."
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
ASSEMBLY FLOOR: 60-0-20
YES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bennett, Berman, Boerner Horvath, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Gipson, Haney, Hart, Holden, Hoover, Jackson, Jones- Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Jim Patterson, Joe Patterson, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Alvarez, Bauer-Kahan, Bonta, Bryan, Calderon, Chen, Dixon, Gabriel, Garcia, Grayson, Irwin, Kalra, Mathis, McCarty, Ortega, Papan, Pellerin, Quirk-Silva, Soria, Ward
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: 0001579
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 417 |
THIRD READING
Bill No: AB 417
Author: Bennett (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: 60-0, 3/30/23 (Consent) - See last page for vote
SUBJECT: County boards of education: pupil members
SOURCE: California School Boards Association
DIGEST:
This bill clarifies that a pupil enrolled in a high school under the jurisdiction of the county board of education may be selected to serve as a county board of education member.
Senate Floor Amendments of 6/19/23 incorporate double-jointed changes to Section 1000 of the Education Code proposed by AB 275 to be operative only if this bill and AB 275 are enacted and this bill is enacted last.
ANALYSIS:
Existing law:
- Clarifies pupil members are not entitled to compensation but to mileage allowance to the same extent as regular members while serving on a county board of education. (Education Code (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))
- Clarifies that 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 by policies and procedures prescribed by the county board of education. (EC § 1000 (b)(7)(A))
- Clarifies 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, a pupil who is enrolled in a high school that is under the jurisdiction of a school district may be selected to serve as a member of the county board of education. (EC § 1000 (b)(7)(B))
- 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 receive all materials other board members receive between open meetings, except for materials about closed sessions. (EC § 1000(b)(9)(B))
This bill clarifies that a pupil enrolled in a high school under the jurisdiction of the county board of education may be selected to serve as a county board of education member.
Comments
- Need for the bill. According to the author, “AB 417 clarifies and expands on the provisions of my previous bill AB 824, which allowed high school students to petition for a seat on their local County Boards of Education and Charter School Governing Boards. We have since discovered that the language in AB 824 inadvertently left out a population of students which we intended to include in the original bill. This population of students includes programs that are generally overseen by County Boards of Education, such as special education, community schools, juvenile court schools, and in some cases, charter schools and secondary schools.”
- Student Board Members: Eligibility, Roles, and Abilities. Student board members enable governance teams to incorporate student voices in their district responsibilities, elevating student perspectives on education policy decisions that they may not have otherwise considered. Students get the opportunity to participate in the governance process of their district meaningfully, learn essential democratic skills, and represent and advocate for their peers. Any student elected to serve as a member of the governing board of a school district must be enrolled in a high school of the school district and chosen by the pupils enrolled in the high school or high schools of the school district.
Student board members are full board members and have the right to attend meetings and receive all available session materials, be appointed to subcommittees, be briefed by staff, and be invited to attend other board functions. School boards may also set the roles and responsibilities of student board members within their bylaws. Examples of these duties may include:
- Making motions on matters upon which the board can act;
- Questioning witnesses during an open session; and
- Attending training and conferences.
Student board members, however, cannot participate in or receive closed-session materials because they often include discussions of sensitive topics such as student discipline or personnel and labor issues.
Student board members can also express their opinions and perspectives through preferential voting. Preferential voting means that student members may formally express their preference on a motion before a vote by the board. Preferential votes do not count in the final numerical outcome of a motion.
- County Offices of Education Are Responsible For Some Alternative Education. Current law gives county offices of education (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 are responsible for ensuring that students incarcerated at the county level are provided with an educational program. COEs receive direct funding for educating students 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.
In 2021, AB 824 (Bennett, Chapter 669, Statutes of 2021) authorized the submittal of 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. Specifically, AB 824 established a formal process for students at a charter school or attending a high school under the jurisdiction of a COE to become a student board member, similar to the petition process of a student requesting to become a student board member at a local governing board.
Current statute stipulates that upon submitting a request to establish a student board member on a county board of education, a pupil shall be chosen by their peers. However, if no petition is submitted to select a pupil, the county board of education may select students. While some COEs oversee high schools under its jurisdiction, the statute explicitly allows county boards of education to select a student from a local high school within the COE jurisdiction to become a student board member, but not a student under the direct jurisdiction of a COE.
This bill explicitly allows county boards of education to select a student under the jurisdiction of their COE to become a student board member if students selecting their student representative have submitted no petition.
Related/Prior Legislation
AB 275 (Ward, 2023) permits 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 while serving as a pupil member.
AB 824 (Bennett, Chapter 669, Statutes of 2021) authorized a pupil petition requesting that a COE 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 261 (Thurmond, Chapter 257, Statutes of 2017) provided that a pupil member of the governing board of a school district shall have preferential voting rights.
SB 468 (Leyva, Chapter 283, Statutes of 2017) modified the existing requirement that school district governing boards provide the student board member with materials presented to the board members to specify that the student members are to receive all open meeting materials at the same time the materials are presented to the board members, and required governing boards to invite the student member to staff briefings provided to board members or offer a separate briefing within the same timeframe as the briefing of board members.
SB 532 (Leyva, Chapter 317, Statutes of 2015) required 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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California School Boards Association (source)
OPPOSITION: (Verified 6/20/23)
None received
ARGUMENTS IN SUPPORT: According to the California School Boards Association, “AB 417 provides that a county board of education may appoint a student enrolled at one of the high schools it maintains to serve as a member of the board. Specifically, in instances where the county board has not received a petition to select a student from a high school maintained by either the county board of education or a local school district, the bill would make clear the board’s authority to make the appointment of a pupil enrolled in a high school under the county board of education jurisdiction. Current law establishes a process to create a student board member position on the governing board of a school district and county board of education. The student-initiated process involves the submission of a petition with at least 500 signatures or at least 10 percent of students enrolled in the high schools under its jurisdiction (whichever number is less). The problem that AB 417 would address is in cases where the county board of education does not receive a petition from either a high school it maintains or a high school maintained by a local school district. In these instances, the county board may only select a student enrolled at a local school district high school – not a student enrolled in a high school under the jurisdiction of the county board.”
ASSEMBLY FLOOR: 60-0, 3/30/23
AYES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bennett, Berman, Boerner Horvath, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Gipson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Jim Patterson, Joe Patterson, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Alvarez, Bauer-Kahan, Bonta, Bryan, Calderon, Chen, Dixon, Gabriel, Garcia, Grayson, Irwin, Kalra, Mathis, McCarty, Ortega, Papan, Pellerin, Quirk-Silva, Soria, Ward
Prepared by: Kordell Hampton / ED. / (916) 651-4105
6/21/23 14:29:19
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 417 |
THIRD READING
Bill No: AB 417
Author: Bennett (D), et al.
Introduced: 2/2/23
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 6/7/23
AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk
ASSEMBLY FLOOR: 60-0, 3/30/23 (Consent) - See last page for vote
SUBJECT: County boards of education: pupil members
SOURCE: California School Board Association
DIGEST:
This bill clarifies that a pupil enrolled in a high school under the jurisdiction of the county board of education may be selected to serve as a county board of education member.
ANALYSIS:
Existing law:
- Clarifies pupil members are not entitled to compensation but 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))
- Clarifies that 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 by policies and procedures prescribed by the county board of education. (EC § 1000 (b)(7)(A))
- Clarifies, 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, a pupil who is enrolled in a high school that is under the jurisdiction of a school district may be selected to serve as a member of the county board of education. (EC § 1000 (b)(7)(B))
- 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 receive all materials other board members receive between open meetings, except for materials about closed sessions. (EC § 1000(b)(9)(B))
This bill clarifies that a pupil enrolled in a high school 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 member of the county board of education.
Comments
- Need for the bill. According to the author, “AB 417 clarifies and expands on the provisions of my previous bill AB 824, which allowed high school students to petition for a seat on their local County Boards of Education and Charter School Governing Boards. We have since discovered that the language in AB 824 inadvertently left out a population of students which we intended to include in the original bill. This population of students includes programs that are generally overseen by County Boards of Education, such as special education, community schools, juvenile court schools, and in some cases, charter schools and secondary schools.”
- Student Board Members: Eligibility, Roles, and Abilities. Student board members enable governance teams to incorporate student voices in their district responsibilities, elevating student perspectives on education policy decisions that they may not have otherwise considered. Students get the opportunity to participate in the governance process of their district meaningfully, learn essential democratic skills, and represent and advocate for their peers. Any student elected to serve as a member of the governing board of a school district must be enrolled in a high school of the school district and chosen by the pupils enrolled in the high school or high schools of the school district.
Student board members are full board members and have the right to attend meetings and receive all available session materials, be appointed to subcommittees, be briefed by staff, and be invited to attend other board functions. School boards may also set the roles and responsibilities of student board members within their bylaws. Examples of these duties may include:
- Making motions on matters upon which the board can act;
- Questioning witnesses during an open session; and
- Attending training and conferences.
Student board members, however, cannot participate in or receive closed-session materials because they often include discussions of sensitive topics such as student discipline or personnel and labor issues.
Student board members can also express their opinions and perspectives through preferential voting. Preferential voting means that student members may formally express their preference on a motion before a vote by the board. Preferential votes do not count in the final numerical outcome of a motion.
- 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 are responsible for ensuring that students incarcerated at the county level are provided with an educational program. COEs receive direct funding for educating students 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.
In 2021, AB 824 (Bennett, Chapter 669, Statutes of 2021) authorized the submittal of 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. Specifically, AB 824 established a formal process for students at a charter school or attending a high school under the jurisdiction of a county office of education to become a student board member, similar to the petition process of a student requesting to become a student board member at a local governing board.
Current statute stipulates that upon submitting a request to establish a student board member on a county board of education, a pupil shall be chosen by their peers. However, if no petition is submitted to select a pupil, the county board of education may select students. While some COEs oversee high schools under its jurisdiction, the statute explicitly allows county boards of education to select a student from a local high school within the county office of education jurisdiction to become a student board member, but not a student under the direct jurisdiction of a county office of education.
This bill explicitly allows county boards of education to select a student under the jurisdiction of their COE to become a student board member if students selecting their student representative have submitted no petition.
Related/Prior Legislation
AB 275 (Ward, 2023) permits 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 while serving as a pupil member.
AB 824 (Bennett, Chapter 669, Statutes of 2021) authorized a pupil petition requesting that a COE 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) required 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) required 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) provided that a pupil member of the governing board of a school district shall have preferential voting rights.
SB 468 (Leyva, Chapter 283, Statutes of 2017) modified the existing requirement that school district governing boards provide the student board member with materials presented to the board members to specify that the student members are to receive all open meeting materials at the same time the materials are presented to the board members, and requires governing boards to invite the student member to staff briefings provided to board members or offer a separate briefing within the same timeframe as the briefing of board members.
SB 532 (Leyva, Chapter 317, Statutes of 2015) required 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 required 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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/9/23)
California School Board Association (source)
OPPOSITION: (Verified 6/9/23)
None received
ARGUMENTS IN SUPPORT: According to the California School Board Association, “Current law establishes a process to create a student board member position on the governing board of a school district and county board of education. The student-initiated process involves the submission of a petition with at least 500 signatures or at least 10 percent of students enrolled in the high schools under its jurisdiction (whichever number is less). The problem that AB 417 would address is in cases where the county board of education does not receive a petition from either a high school it maintains, or a high school maintained by a local school district. In these instances, the county board may only select a student enrolled at a local school district high school – not a student enrolled in a high school under the jurisdiction of the county board. Students, including those enrolled in high schools maintained by county boards of education, should have a role in the decisions that affect their education and their schools. Serving on the governing board of either a school district or county board of education is one of the most direct methods of involvement that a student can have in local education decision making. By serving on the board, these student leaders provide a critically important perspective from the constituency that the county board and the county office of education are empowered to serve. Students in high schools maintained by the county board of education deserve an equal opportunity to serve on their governing board. However, state law does not provide for a process that enables these students to be selected for a position in the absence of a petition. AB 417 would remedy this inequity in current law. For these reasons, CSBA is pleased to be a sponsor of AB 417.”
ASSEMBLY FLOOR: 60-0, 3/30/23
AYES: Addis, Aguiar-Curry, Alanis, Arambula, Bains, Bennett, Berman, Boerner Horvath, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Gipson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Jim Patterson, Joe Patterson, Petrie-Norris, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Alvarez, Bauer-Kahan, Bonta, Bryan, Calderon, Chen, Dixon, Gabriel, Garcia, Grayson, Irwin, Kalra, Mathis, McCarty, Ortega, Papan, Pellerin, Quirk-Silva, Soria, Ward
Prepared by: Kordell Hampton / ED. / (916) 651-4105
6/16/23 13:43:15
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Josh Newman, Chair
2023 - 2024 Regular
Bill No: Hearing Date: June 7, 2023
Author: | Bennett | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: .
SUMMARY
Clarifies that a pupil enrolled in a high school under the jurisdiction of the county board of education may be selected to serve as a county board of education member.
BACKGROUND
Existing Law:
Education Code (EC)
- Clarifies pupil members are not entitled to compensation but 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))
- Clarifies that 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 by policies and procedures prescribed by the county board of education. (EC § 1000 (b)(7)(A))
- Clarifiies, 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, a pupil who is enrolled in a high school that is under the jurisdiction of a school district may be selected to serve as a member of the county board of education. (EC § 1000 (b)(7)(B))
- 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 receive all materials other board members receive between open meetings, except for materials about closed sessions. (EC § 1000(b)(9)(B))
ANALYSIS
Clarifies that a pupil enrolled in a high school 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 member of the county board of education.
STAFF COMMENTS
- Need for the bill. According to the author, “AB 417 clarifies and expands on the provisions of my previous bill AB 824, which allowed high school students to petition for a seat on their local County Boards of Education and Charter School Governing Boards. We have since discovered that the language in AB 824 inadvertently left out a population of students which we intended to include in the original bill. This population of students includes programs that are generally overseen by County Boards of Education, such as special education, community schools, juvenile court schools, and in some cases, charter schools and secondary schools.”
- Student Board Members: Eligibility, Roles, and Abilities. Student board members enable governance teams to incorporate student voices in their district responsibilities, elevating student perspectives on education policy decisions that they may not have otherwise considered. Students get the opportunity to participate in the governance process of their district meaningfully, learn essential democratic skills, and represent and advocate for their peers. Any student elected to serve as a member of the governing board of a school district must be enrolled in a high school of the school district and chosen by the pupils enrolled in the high school or high schools of the school district.
Student board members are full board members and have the right to attend meetings and receive all available session materials, be appointed to subcommittees, be briefed by staff, and be invited to attend other board functions. School boards may also set the roles and responsibilities of student board members within their bylaws. Examples of these duties may include:
- Making motions on matters upon which the board can act;
- Questioning witnesses during an open session; and
- Attending training and conferences.
Student board members, however, cannot participate in or receive closed-session materials because they often include discussions of sensitive topics such as student discipline or personnel and labor issues.
Student board members can also express their opinions and perspectives through preferential voting. Preferential voting means that student members may formally express their preference on a motion before a vote by the board. Preferential votes do not count in the final numerical outcome of a motion.
- 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 are responsible for ensuring that students incarcerated at the county level are provided with an educational program. COEs receive direct funding for educating students 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.
In 2021, AB 824 (Bennett) Chapter 669, Statues of 2021, authorized the submittal of 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. Specifically, AB 824 established a formal process for students at a charter school or attending a high school under the jurisdiction of a county office of education to become a student board member, similar to the petition process of a student requesting to become a student board member at a local governing board.
Current statute stipulates that upon submitting a request to establish a student board member on a county board of education, a pupil shall be chosen by their peers. However, if no petition is submitted to select a pupil, the county board of education may select students. While some COEs oversee high schools under its jurisdiction, the statute explicitly allows county boards of education to select a student from a local high school within the county office of education jurisdiction to become a student board member, but not a student under the direct jurisdiction of a county office of education.
This bill explicitly allows county boards of education to select a student under the jurisdiction of their COE to become a student board member if students selecting their student representative have submitted no petition.
- Related Legislation
AB 824 (Bennett) Chapter 669, Statutes of 2021, authorizes a pupil petition requesting that a COE 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 275 (Ward, 2023) Permits 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 while serving as a pupil member.
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 offer 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
California School Board Association (Sponsor)
OPPOSITION
None received
-- END --
Date of Hearing: March 22, 2023
ASSEMBLY COMMITTEE ON EDUCATION
Al Muratsuchi, Chair
ABPCA Bill Id:AB 417 (
Author:Bennett) – As Introduced Ver:February 2, 2023
SUBJECT: County boards of education: pupil members
SUMMARY: Authorizes a student 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 student. Specifically, this bill:
- Authorizes that a student 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, to be selected to serve as a member of the county board of education, as specified, if no petition is submitted to select a student who is enrolled in a high school that is under the jurisdiction of the county board of education.
EXISTING LAW:
- Authorizes a student enrolled in a high school of a school district, county office of education, or charter schools to petition the governing board or body to appoint one or more student members to the governing board or body.
- Requires, for school districts, the petition to be signed by at least 500 high school students enrolled in the district or 10% of the number of high school students enrolled in the district, whichever is less. (Education Code (EC) 35012)
- Requires, for county boards of education, the petition to be signed by not less than 500 high school students enrolled in high schools under the jurisdiction of the county board of education or 10% of the number of students regularly enrolled in high schools under the jurisdiction of the county board of education, whichever is less. (EC 1000)
- Requires, for charter schools, the petition to be signed by at least 500 high school students enrolled in the high school of the charter school or 10% of the number of high school students enrolled in the high school of the charter school, whichever is less. (EC 47604.2)
- Requires each student member to have the right to attend each and all meetings of the governing board of the school district, except executive sessions.
- Entitles each student member to the same mileage allowance to the same extent as regular members, but excludes student members from permissive monthly compensation. (EC 1000, 35012, and 47604.2)
FISCAL EFFECT: Unknown
COMMENTS:
Key provisions of the bill. Current law authorizes governing boards of county boards of education to appoint one or more high school student enrolled in a high school that is under the jurisdiction of the county board of education as members in response to a petition from high school students of the county board requesting the governing board to appoint one or more student members. A student who is enrolled in a high school that is under the jurisdiction of a school district may be selected to serve as a student member of the county board of education if no petition is submitted to select a student who is enrolled in a high school that is under the jurisdiction of the county board of education. This bill would also authorize a student who is enrolled in a high school under the jurisdiction of the county board of education to be selected to serve as a student member of the county board of education, if no petition is submitted to select a student who is enrolled in a high school that is under the jurisdiction of the county board of education.
Need for the bill. According to the author, “AB 417 clarifies and expands on the provisions of my previous bill AB 824, which allowed high school students to petition for a seat on their local County Boards of Education and Charter School Governing Boards. We have since discovered that the language in AB 824 inadvertently left out a population of students which we intended to include in the original bill. This population of students includes programs that are generally overseen by County Boards of Education, such as special education, community schools, juvenile court schools, and in some cases, charter schools and secondary schools.”
Student board members in California. Current law requires the governing board of a school district, governing board of a 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 approximately half of all school district governing boards include a student board 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.
Related legislation. AB 824 (Bennett) Chapter 669, Statutes of 2021, authorizes a student petition requesting that a county board of education or the governing body of a charter school appoint one or more student 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 student 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 student 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 student 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 students to the board upon receipt of a student petition requesting this, within 30 days of receipt of that petition or at its next regularly scheduled meeting if no meeting was held within those 30 days. AB 1007 was vetoed by the Governor, whose message read, in pertinent part:
I am unaware of any school board intentionally withholding action on a student representation petition. Therefore, I believe this bill is unnecessary.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087
Discussed in Hearing
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