BILL NUMBER: SB 532	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Leyva

                        FEBRUARY 26, 2015

   An act to amend Section  67334   35012 
of the Education Code, relating to  postsecondary education.
  school districts. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 532, as amended, Leyva.  Postsecondary education:
Higher Education Facilities Bond Act program.  
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 vote of all voting board
members 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, to be
listed as a public agenda item for a meeting of the governing board
of the school district.  
   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.  
   Existing law establishes the segments of the public postsecondary
education system in the state, including the University of California
administered by the Regents of the University of California, the
California State University administered by the Trustees of the
California State University, and the California Community Colleges
administered by the Board of Governors of the California Community
Colleges.  
   The Higher Education Facilities Bond Act of 1988 authorizes the
Higher Education Facilities Finance Committee to create a debt or
debts, liability or liabilities, of the State of California, as
specified, for the purpose of funding aid to the University of
California, the California State University, the California community
colleges, and the California Maritime Academy for specified
purposes.  
   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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. 
   There 
    (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. 
   Whether 
    (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.  
   Upon 
    (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. 
   Upon 
    (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. 
   Preferential 
    (B)     Preferential  voting, as used
in  the   this  section, means a formal
expression of opinion that is recorded in the minutes and cast
 prior to   before  the official vote of
the  governing board.   of the school district.
 A preferential vote  will  shall  not
serve in determining the final numerical outcome of a vote. No
preferential vote  will   shall  be
solicited on matters subject to closed session discussion. 
   The 
    (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. 
   Each 
    (6)     Each  pupil member shall have
the right to attend each and all meetings of the governing 
board,   board of the school district,  except
executive sessions. 
   Any 
    (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. 
   A 
    (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. 
   A 
    (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. 
   The 
    (10)     The  nonvoting or
preferential voting pupil member shall not be included in determining
the vote required to carry any measure before the  board.
  governing board of the school district.  

   The 
    (11)     The  nonvoting or
preferential voting pupil member shall not be liable for any acts of
the governing  board.   board of the school
district.  
   (12) A unanimous vote of all voting board members shall be
required 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, shall be listed as a public
agenda item for a meeting of the governing board. 
   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.  
  SECTION 1.    Section 67334 of the Education Code
is amended to read:
   67334.  (a) The committee is hereby authorized to create a debt or
debts, liability or liabilities, of the State of California pursuant
to this chapter for the purpose of funding aid to the University of
California, the California State University, the California community
colleges, and the California Maritime Academy for the construction,
including the construction of buildings and the acquisition of
related fixtures, renovation, and reconstruction of facilities, for
the acquisition of sites upon which these facilities are to be
constructed, for the equipping of new, renovated, or reconstructed
facilities, and to provide funds for payment of preconstruction
costs, including, but not necessarily limited to, preliminary plans
and working drawings.
   (b) Moneys made available under Section 67340 or 67342 may be used
to provide short-term loans to community colleges for the purchase
of instructional equipment. Those loans shall be repaid from the
first moneys available in the Capital Outlay Fund for Public Higher
Education beginning in the 1989-90 fiscal year, or from proceeds of
the bonds.