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 AB 1400 Page 2 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 AB 1400 Page 3 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