SB 1236

Bill Subjects

Abstract

(1) Existing law, except as otherwise provided, requires the governing board of a school district to consist of 5 members elected at large by the qualified voters of the school district. Existing law sets the terms of the 5 members at 4 years and staggered so that, as nearly as practicable, 12 of the members are elected in each odd-numbered year. Existing law requires the governing board of a school district maintaining one or more high schools to include within its membership one or more pupil members if pupils submit a petition for pupil representation to the governing board, as provided. Existing law requires the pupil member to be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with procedures prescribed by the governing board of the school district. Existing law requires the pupil member to have preferential voting rights. Existing law prohibits a pupil member from being included in determining the vote required to carry any measure before the governing board. This bill would authorize the governing board of a school district to adopt resolutions to make each preferential voting pupil member a full voting pupil member of the governing board, as provided, and would authorize the governing board to restrict by resolution a full voting pupil member from voting on certain matters, as specified. The bill would only prohibit a preferential voting pupil member from being included in determining a vote and would require a full voting pupil member to be included in determining a vote, unless the full voting member is restricted by resolution from voting on that matter, and the bill would require a governing board of a school district with 6 or 8 members as a result of a full voting pupil member to establish an affirmative vote and quorum at 4 and 5 members, respectively, except as specified. (2) Existing law requires that a pupil member receive all open meeting materials presented to the board members at the same time the materials are presented to the board members, and to receive all materials received by other board members between open meetings, except for materials that pertain to closed session items. Existing law prohibits a preferential vote from being solicited on matters subject to closed session discussion. The bill would instead grant full voting pupil members access to all closed session materials, to attend closed sessions, and to vote on closed session matters, unless restricted by resolution, and would authorize the governing board of the school district to adopt a resolution granting each preferential pupil member the right to receive closed session materials, as well as attend and cast a preferential vote, on closed session matters. (3) Existing law requires a pupil member to be entitled to the mileage allowance to the same extent as regular members, but otherwise provides that a pupil member is not entitled to other compensation received by other board members. This bill would authorize the governing board of a school district to provide pupil members with stipends. (4) Existing law authorizes the governing board of a school district to appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing board of a school district determines that the pupil member is not fulfilling their duties, and requires a majority vote of all voting board members to approve a motion to eliminate the pupil member position from the governing board of a school district. This bill would instead require a majority vote of all voting board members to approve a motion to remove a sitting pupil member from the governing board of a school district, but would otherwise retain the pupil board member position, thereby eliminating the governing board of a school district's ability to eliminate the position itself. (5) Existing law authorizes the governing board of a school district to adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board of the school district, except on matters dealing with employer-employee relations. This bill would instead authorize the governing board of a school district to adopt a resolution authorizing the pupil member or members to make and 2nd motions that may be acted upon by the governing board of the school district, and would delete the prohibition against authorizing those motions on matters dealing with employer-employee relations.