BILL NUMBER: SB 532	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 7, 2015
	AMENDED IN ASSEMBLY  JUNE 12, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Leyva

                        FEBRUARY 26, 2015

   An act to amend Section 35012 of the Education Code, relating to
school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 532, as amended, Leyva. Governing boards of school districts:
nonvoting and preferential voting pupil members.
   (1) Existing law requires the governing board of a school district
maintaining one or more high schools to appoint to its membership
one or more nonvoting pupil members if pupils petition the governing
board to make those appointments.
   This bill would require the governing board of a school district
to appoint the pupil member or members within 60 days of receiving
the petition, or at its next regularly scheduled meeting if no
meeting is held within those 60 days, as specified.
   The bill would require a  unanimous  
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 would
require  the decision, and reasons for the decision,
  the motion  to be listed as a public agenda item
for a meeting of the governing board of the school  district.
  district prior to the motion being voted upon. 
   Because the bill would require school districts to provide a
higher level of service, it would impose a state-mandated local
program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35012 of the Education Code is amended to read:

   35012.  (a) Except as otherwise provided, the governing board of a
school district shall consist of five members elected at large by
the qualified voters of the district. The terms of the members shall,
except as otherwise provided, be for four years and staggered so
that as nearly as practicable one-half of the members shall be
elected in each odd-numbered year.
   (b) A unified school district may have a governing board of seven
members in the event the proposal for unification has specified a
governing board of seven members. The members of the governing board
shall be elected at large or by trustee areas as designated in the
proposal for unification and shall serve four-year terms of office.
   (c) Notwithstanding subdivision (a), and except as provided in
this subdivision and Section 5018, the governing board of an
elementary school district other than a union or joint union
elementary school district shall consist of three members selected at
large from the territory comprising the district. Whenever, in any
such elementary school district the average daily attendance during
the preceding fiscal year is 300 or more, the procedures prescribed
by Section 5018 shall be undertaken.
   (d) (1) (A) There may be submitted to the governing board of a
school district maintaining one or more high schools a pupil petition
requesting the governing board to appoint one or more nonvoting
pupil members to the board pursuant to this section.
   (B) There may also be submitted to the governing board of a school
district maintaining one or more high schools a pupil petition
requesting the governing board to allow preferential voting for the
pupil member or members of the board. This request may be made in the
original petition for pupil representation on the board or in a
separate petition after a pupil member or members have been appointed
to the board.
   (2) Whether for pupil representation or for preferential voting
for the pupil member or members, the petition shall contain the
signatures of either (A) not less than 500 pupils regularly enrolled
in high schools of the district, or (B) not less than 10 percent of
the number of pupils regularly enrolled in high schools of the
district, whichever is less. Each fiscal year, and within 60 days of
receipt of a petition for pupil representation, or at its next
regularly scheduled meeting if no meeting is held within those 60
days, the governing board of a school district shall order the
inclusion within the membership of the governing board, in addition
to the number of members otherwise prescribed, at least one nonvoting
pupil member. The governing board may order the inclusion of more
than one nonvoting pupil member.
   (3) Upon receipt of a petition for pupil representation, the
governing board of a school district shall, commencing July 1, 1976,
and each year thereafter, order the inclusion within the membership
of the governing board, in addition to the number of members
otherwise prescribed, at least one nonvoting pupil member. The
governing board may order the inclusion of more than one nonvoting
pupil member.
   (4) (A) Upon receipt of a petition for preferential voting for the
pupil member or members, the governing board of the school district
shall allow preferential voting for the pupil member or members of
the governing board.
   (B) Preferential voting, as used in this section, means a formal
expression of opinion that is recorded in the minutes and cast before
the official vote of the governing board of the school district. A
preferential vote shall not serve in determining the final numerical
outcome of a vote. No preferential vote shall be solicited on matters
subject to closed session discussion.
   (5) The governing board of the school district may adopt a
resolution authorizing the nonvoting or preferential voting pupil
member or members to make motions that may be acted upon by the
governing board, except on matters dealing with employer-employee
relations pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code.
   (6) Each pupil member shall have the right to attend each and all
meetings of the governing board of the school district, except
executive sessions.
   (7) Any pupil selected to serve as a nonvoting or preferential
voting member of the governing board of a school district shall be
enrolled in a high school of the district, may be less than 18 years
of age, and shall be chosen by the pupils enrolled in the high school
or high schools of the district in accordance with procedures
prescribed by the governing board. The term of a pupil member shall
be one year commencing on July 1 of each year.
   (8) A nonvoting or preferential voting pupil member shall be
entitled to the mileage allowance to the same extent as regular
members, but is not entitled to the compensation prescribed by
Section 35120.
   (9) A nonvoting or preferential voting pupil member shall be
seated with the members of the governing board of the school district
and shall be recognized as a full member of the board at the
meetings, including receiving all materials presented to the board
members and participating in the questioning of witnesses and the
discussion of issues.
   (10) The nonvoting or preferential voting pupil member shall not
be included in determining the vote required to carry any measure
before the governing board of the school district.
   (11) The nonvoting or preferential voting pupil member shall not
be liable for any acts of the governing board of the school district.

   (12) A  unanimous   majority  vote of
all voting board members shall be required to  approve a motion
to  eliminate the nonvoting or preferential voting pupil member
position from the governing board of a school district.  This
decision, and reasons for the decision,   The motion
 shall be listed as a public agenda item for a meeting of the
governing  board.   board prior to the motion
being voted upon. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.