BILL NUMBER: AB 1400 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Fong
FEBRUARY 27, 2009
An act to add Section 76038 to the Education Code, relating to
community college districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1400, as amended, Fong. Community colleges: expulsion: hearing.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, administered by a governing board, throughout the state,
and authorizes these districts to provide instruction to students at
the community college campuses maintained by the districts.
Existing law authorizes the governing board of a district to expel
a student for good cause when the presence of the student causes a
continuing danger to the physical safety of the student or others.
Existing law requires that the expulsion be accompanied by a hearing.
This bill would authorize the governing board of a district to
either deny admission to
enrollment, permit enrollment, or permit conditional enrollment by
any individual who has been expelled from a community college
within the preceding 10 years for certain violent offenses, as
provided, if the board determines that the person continues to pose a
risk to the safety of others. This bill would require a hearing
before making the determination as to whether the person continues to
pose a risk.
(2) The
The bill would also allow the community college district
to request information from another community college district in
determining whether the applicant continues to pose a danger to the
physical safety of others. The bill requires
would require any community college district receiving the
request to respond to the request within 5 working days.
By requiring a community college district to respond to the
request of another community college for information regarding an
expelled student, this bill would create a state-mandated local
program.
The
(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 76038 is added to the Education Code, to read:
76038. (a) If the governing board of a community college district
receives an application for admission from an individual who has
been expelled from another district pursuant to this article within
the preceding 10 years for any of the violent offenses listed in
subdivision (b), the governing board may hold a hearing to determine
whether that individual poses a continuing danger to the physical
safety of the students and employees of the district. The
determination shall be made after a hearing conducted
pursuant to pursuant to a hearing conducted in
accordance with the requirements of Section 66017.
(b) A person may be denied enrollment if a determination has been
made pursuant to subdivision (a) and the person has previously been
expelled for having committed any act as defined pursuant to any of
paragraphs (1) to (8), inclusive:
(b) For purposes of this section, "violent offense" means one of
the following actions:
(1) Committed or attempted to commit murder.
(2) Caused, attempted to cause, or threatened to cause physical
injury to another person, including assault or battery as defined in
Section 240 or 242 of the Penal Code, except in self-defense.
(3) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed sexual battery as defined in Section 243.4 of the Penal
Code.
(4) Committed or attempted to commit kidnapping, or seized,
confined, inveigled, enticed, decoyed, abducted, concealed,
kidnapped, or carried away another person by any means with the
intent to hold or detain that person for ransom or reward.
(5) Committed or attempted to commit robbery or extortion.
(6) Committed stalking as defined in Section 646.9 of the Penal
Code.
(7) Threatened a community college district employee or officer to
do, or refrain from doing, any act in the performance of her or his
duties.
(8)
(7) Possessed, sold, or otherwise furnished a firearm,
knife, explosives explosive , or other
dangerous object, including, but not limited to, any facsimile
firearm, knife, explosive, or other dangerous object.
(c) A community college district may request information from
another community college district in determining whether the
applicant continues to pose a danger to the physical safety of
others. Any community college district receiving such a request shall
respond no later than five working days from the receipt of the
request.
(d) Any student who has been previously expelled from a community
college in the state for any of the actions listed in subdivision (b)
shall inform the district of his or her prior expulsion upon seeking
admission. Failure to do so shall be considered by the district in
determining whether to grant admission, and a written record of the
fact shall be maintained by the district with the applicant's file.
(e) The governing board of a community college district, upon
making a determination pursuant to subdivision (a), may take any of
the following actions:
(1) Deny enrollment.
(2) Permit enrollment.
(3) Permit conditional enrollment.
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.