Amended  IN  Senate  March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1445

Introduced by Senator Cortese

February 16, 2024

An act to amend Section 35010 Sections 1000 and 35012 of the Education Code, relating to school districts. school governance.


LEGISLATIVE COUNSEL'S DIGEST


SB 1445, as amended, Cortese. School districts: governing boards. Governing boards: pupil members: expulsion hearing recommendations.
Existing law requires county boards of education and school district governing boards to appoint at least one high school pupil as a pupil member of the board, as applicable, in response to a petition from high school pupils requesting the appointment of one or more pupil members, as provided. Existing law gives each pupil member the right to attend every meeting of the governing board, except closed sessions, and to receive all materials received by regular members, except for materials that pertain to closed session items, as provided.
Existing law requires the governing boards of school districts to establish rules and regulations governing procedures for the expulsion of pupils, and requires county boards of education to adopt rules and regulations establishing procedures for expulsion appeals, as specified. Existing law requires pupils to be entitled to a hearing to determine whether the pupil should be expelled, conducted in a session closed to the public, except as provided. Existing law also requires, if a pupil is expelled from school, a right to an appeal to the county board of education and an appeal hearing, conducted in a closed session, as provided.
This bill would authorize county boards of education and school district governing boards to allow each pupil member to make restorative justice recommendations that would be considered in closed session expulsion hearings. The bill would require, if the county board of education or school district governing board authorizes those pupil member recommendations, limited case information that pertains to those closed session items to be disclosed to the pupil member, subject to pupil and parental consent, as specified.

Existing law establishes the system of public elementary and secondary schools in this state, and provides for their funding and governance. Existing law establishes school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Existing law requires that every school district be under the control of a board of school trustees or a board of education and requires the governing board of each school district to prescribe and enforce rules not inconsistent with the law, or with the rules prescribed by the State Board of Education, for its own government.

This bill would make nonsubstantive changes to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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 member’s 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.
(C) (i) The county board of education may authorize the pupil member or members to make restorative justice recommendations that may be considered by the county board of education in closed session expulsion hearings. If the county board of education authorizes pupil recommendations in expulsion hearings, then notwithstanding subparagraph (B), the county board of education shall disclose limited case information that pertains to closed session items to the pupil member or members to allow the pupil member or members to make those recommendations.
(ii) Disclosure of case information to the pupil member or members pursuant to clause (i) shall be conditioned on the voluntary, written consent of the pupil who is subject to the expulsion hearing and the pupil’s parent or guardian, and shall be consistent with federal and state privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and any implementing federal regulations.
(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 35012 of the Education Code is amended to read:

35012.
 (a) Except as otherwise provided, the governing board of a school district shall consist of five regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year.
(b) A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular members of the governing board of a unified school district shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve four-year terms of office.
(c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three regular members selected at large from the territory comprising the school district. Whenever, in any such elementary school district, the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken.
(d) (1) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more pupil members to the governing board pursuant to this section.
(2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the school district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the school district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of regular members otherwise prescribed, at least one pupil member. The governing board of a school district may order the inclusion of more than one pupil member.
(3) Upon receipt of a petition for pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of regular members otherwise prescribed, at least one pupil member. The governing board of a school district may order the inclusion of more than one pupil member. The governing board of a school district may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing board of a school district determines the pupil member is not fulfilling their duties. If the governing board of a school district appoints an alternate pupil member, the governing board shall suspend the prior pupil member’s rights and privileges related to service on the governing board.
(4) (A) A pupil member of the governing board of a school district shall have preferential voting rights.
(B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
(5) The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(6) (A) Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions.
(B) (i) Each pupil member shall be appointed to subcommittees of the governing board in the same manner as regular members.
(ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee.
(iii) Subcommittee meetings may be scheduled in accordance with the availability of all members, including each pupil member.
(7) Any pupil selected to serve as a pupil member of the governing board of a school district shall be enrolled in a high school of the school district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with policies and procedures prescribed by the governing board. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the governing board.
(8) A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (f) of Section 35120.
(9) (A) A pupil member shall be seated with the regular members of the governing board of the school district, and shall be recognized as a full member of the governing board at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the governing board of the school district, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
(B) A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items.
(C) (i) The governing board of the school district may authorize the pupil member or members to make restorative justice recommendations that may be considered by the governing board of the school district in closed session expulsion hearings. If the governing board of the school district authorizes pupil recommendations in expulsion hearings, then notwithstanding subparagraph (B), the governing board of the school district shall disclose limited case information that pertains to closed session items to the pupil member or members to allow the pupil member or members to make those recommendations.
(ii) Disclosure of case information to the pupil member or members pursuant to clause (i) shall be conditioned on the voluntary, written consent of the pupil who is subject to the expulsion hearing and the pupil’s parent or guardian, and shall be consistent with federal and state privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and any implementing federal regulations.
(10) The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district.
(11) The pupil member shall not be liable for any acts of the governing board of the school district.
(12) A majority vote of all voting regular members shall be required to approve a motion to eliminate the pupil member position from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board before the motion being voted upon.
(e) Pupil members shall not be considered members of a legislative body of a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
(f) As used in this section, the following definitions apply:
(1) “Pupil member” means a pupil board member appointed pursuant to subdivision (d).
(2) “Regular member” means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive.

SECTION 1.Section 35010 of the Education Code is amended to read:
35010.

(a)Each school district shall be under the control of a board of school trustees or a board of education.

(b)The governing board of each school district shall prescribe and enforce rules not inconsistent with law, or with the rules prescribed by the state board, for its own government.