BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1400
                                                                  Page  1

          Date of Hearing:   April 29, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 1400 (Fong) - As Amended:  April 15, 2009 

          Policy Committee:                              Higher  
          EducationVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill,  as proposed to be amended  , authorizes the governing  
          board of a community college district to deny admission to  
          someone expelled from another district within the previous 10  
          years, under specified circumstances.  Specifically, this bill:

          1)Allows the denial of enrollment upon a finding, through a  
            hearing, that an individual expelled within 10 years for  
            specified actions continues to present a danger to the  
            physical safety of the district's students and employees.

          2)Requires a student expelled for one of the specified actions  
            to inform the community college district of their prior  
            expulsion when seeking admission to the district.  Failure of  
            the student to do so is to be considered by the district in  
            determining whether to grant admission.

          3)Allows the governing board, upon making a determination  
            regarding a previously expelled student, may deny enrollment,  
            permit enrollment, or permit conditional enrollment.

           FISCAL EFFECT  

          Minor nonreimbursable costs for legal services to districts who  
          conduct the specified hearings.  Assuming up to $5,000 per  
          hearing, costs statewide would probably not exceed $50,000 to  
          $100,000.

           COMMENTS  

           1)Purpose  .  According to the author, the California Community  








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            Colleges (CCCs) are the only public educational segment in  
            California without the ability to ensure campus safety at one  
            community college district through a screening process of  
            students who have been expelled from another district.   
            Currently, a student who is expelled from one district for a  
            violent offense can freely enroll in another district without  
            that district's knowledge of his or her expulsion from the  
            first district.  In addition, a CCC district that expels a  
            student for a violent act is not compelled to provide the  
            information surrounding the expulsion of the student even upon  
            the request of the receiving CCC district.  Finally, a CCC  
            district may not conditionally enroll or deny enrollment to a  
            student based on a hearing that finds that the student poses a  
            continuing threat to the students, faculty, and staff on the  
            campus.  According to the sponsor, the Peralta Community  
            College District, this bill is intended to address these  
            problems.

            The bill applies to expulsions for the following offenses:
             a)   Murder or attempted murder.
             b)   Causing, attempting to cause, or threatening to cause  
               physical injury to another person.
             c)   Committing or attempting to commit a sexual assault.
             d)   Committing or attempting to commit kidnapping.
             e)   Committing or attempting to commit robbery or extortion.
             f)   Committing stalking.  
              g)   Possessing, selling, or otherwise furnishing a firearm,  
               knife, explosive, or other dangerous object, unless in the  
               case of possession of any object of this type, the student  
               has obtained permission to possess the item from an  
               authorized college employee.

           2)Recent CCC expulsions  :  According to a survey of 55 CCC  
            campuses provided by the sponsor, 29 individuals in the  
            2007-2008 academic year and 17 in the 2009-10 academic year  
            were expelled from CCCs.  Reasons identified for expulsion  
            include harassment of students and faculty, vandalism of  
            school property, and falsifying college transcripts and  
            instructor signatures, among other activities.

           3)Efficacy Question  .  Districts will mainly be relying on  
            students to self-report that they have previously been  
            expelled from another district.  It seems that a more certain  
            approach would be to have districts report their expulsions,  
            including the reasons, to the Chancellor's Office, who could  








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            then disseminate this information out to all districts.

           4)Amendments  .  The author's amendments are clarifying in nature  
            and are reflected in this analysis.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081