BILL ANALYSIS
AB 1400
Page 1
ASSEMBLY THIRD READING
AB 1400 (Fong)
As Amended May 4, 2009
Majority vote
HIGHER EDUCATION 9-0 APPROPRIATIONS 11-0
-----------------------------------------------------------------
|Ayes:|Portantino, Conway, |Ayes:|De Leon, Ammiano, Charles |
| |Block, Cook, Fong, | |Calderon, Krekorian, |
| |Galgiani, Huber, Ma, | |Fuentes, Monning, |
| |Ruskin | |John A. Perez, Price, |
| | | |Skinner, Solorio, |
| | | |Torlakson |
| | | | |
-----------------------------------------------------------------
SUMMARY : Authorizes the governing board of a California
Community College (CCC) district to, under specified
circumstances, deny admission to an individual who has been
expelled from a CCC. Specifically, this bill :
1)Allows the governing board of a CCC to deny enrollment to an
individual upon finding through a hearing that he or she has
been expelled within the preceding 10 years for specified
offenses and continues to present a danger to the physical
safety of the students and employees of the district.
2)Provides that a CCC district may request information from
another CCC district in determining whether the applicant
continues to pose a danger to the physical safety of others;
and, requires the CCC district receiving such a request to
respond within five working days.
3)Requires any student who has been previously expelled from a
CCC in the state for any of the actions defined as violent
offenses to inform the CCC district of his or her prior
expulsion upon seeking admission; and, provides that failure
to do so shall be considered by the CCC district in
determining whether to grant admission.
4)Allows the governing board of a CCC, when making a
determination on whether to enroll an individual who has been
expelled from another CCC district for one of the defined
acts, to consider denying enrollment, permitting enrollment,
AB 1400
Page 2
or permitting conditional enrollment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor non-reimbursable 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 : According to the author, CCCs are the only public
educational segment in California without the ability to ensure
campus safety at one CCC district through a screening process of
students who have been expelled from another CCC district.
Currently, a student who is expelled from one CCC district for a
violent offense can freely enroll in another CCC district
without that CCC district's knowledge of his or her expulsion
from the first CCC district. Further, 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. This bill addresses these problems.
Circumstances under which a student may be expelled from a CCC:
Existing law requires CCCs to adopt rules for student conduct
standards and related penalties for violating those standards.
A student's history (prior criminal activity) or speculations
about what a student might do in the future are not a basis for
imposing discipline. Existing law authorizes a CCC district to
expel a student for good cause, which is defined to include,
among other activities, continued disruptive behavior, assault
or battery, willful misconduct that results in injury or death
to a student or college personnel, and the sale or use of
controlled substances.
Other public higher education policies regarding expulsion:
Executive Order No. 970 governs student conduct procedures at
California State University (CSU) and affords students due
process and provides guidance to campuses to address student
misconduct. According to CSU, if a student is expelled from
CSU, they are expelled from their home campus and the entire CSU
system. At University of California (UC), readmission to UC
following an expulsion requires the specific approval of the
AB 1400
Page 3
Chancellor of the campus to which an expelled student has
applied; and, readmission after expulsion may be granted only
under exceptional circumstances.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0000536