BILL NUMBER: AB 1400 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2009
AMENDED IN ASSEMBLY MAY 18, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
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 enrollment, permit enrollment, or permit conditional
enrollment by any individual who has been expelled from a community
college within the preceding 10 years , or who is, at the time
of the application, undergoing expulsion procedures, for
certain offenses, as provided, if the board determines that the
person continues to pose a risk to the safety of others. This bill
would require authorize the board to hold
a hearing before making the determination as to whether the
person continues to pose a risk. The bill would authorize a gove
rning board of a district to delegate its authority under
these provisions to the superintendent or president of the district,
or to his or her designee.
The bill would expressly apply specified immunities to an exercise
of discretion by a community college district, and its officers and
employees, under these provisions.
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 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.
(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 , or who is undergoing expulsion
procedures in another district, for any of the offenses listed
in subdivision (b), the governing board may hold a hearing ,
conducted in accordance with this section and any applicable rules
and regulations adopted pursuant to Section 66300, 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 pursuant to a hearing conducted in
accordance with the requirements of Section 66017.
(b) For purposes of this section, "offense" means one of the
following:
(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) Unlawfully possessed, sold, or otherwise furnished a 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.
(f) The governing board of a community college district may
delegate any authority under this section to the superintendent or
president of a community college district, or his or her designee,
pursuant to rules and regulations adopted pursuant to Section 66300.
A student who is denied enrollment under this subdivision may appeal
the decision to deny enrollment to the governing board of the
community college district.
(g) This section shall not be construed to impose any duty on a
community college district to review applicants for admission or
review previously enrolled students, whether returning or continuing,
or to conduct a hearing in response to the receipt of any
information regarding a potential, former, or existing student.
(h) A community college district, a member of the governing board
of a community college district, an officer or employee of a
community college district, including a superintendent of a community
college district, a president of a community college district, and
the designee of a president or a superintendent, shall not be liable
for an injury resulting from an exercise of discretion pursuant to
this section, including, but not limited to, an exercise of
discretion not to conduct a hearing, in accordance with Sections
815.2 and 820.2 of the Government Code.
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.