BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       AB 1400
          AUTHOR:        Fong
          AMENDED:       June 29, 2009
          FISCAL COMM:   Yes            HEARING DATE:  July 8, 2009
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  Community Colleges:  Student expulsion and  
          enrollment.  
          
           SUMMARY:   

          This bill authorizes a community college district, under  
          specified circumstances, to deny or condition enrollment to  
          an individual who has been expelled or is being considered  
          for expulsion from a California Community College for certain  
          violent or serious offenses as specified.

           BACKGROUND 

          Existing law requires a California Community College (CCC)  
          district to admit any California resident and may admit any  
          nonresident, possessing a high school diploma or the  
          equivalent thereof.  CCC district governing boards may admit  
          persons who are over the age of 18 who do not possess a high  
          school diploma or its equivalent who are capable of profiting  
          from the instruction offered and are also authorized to admit  
          high school students if their high school governing boards  
          determine the student would benefit from advanced scholastic  
          or vocational work.  Under current law, the governing board  
          of a CCC district may only exclude "students of filthy or  
          vicious habits, or students suffering from contagious or  
          infectious diseases" and "may exclude from attendance in  
          regular classes students whose physical or mental disability  
          is such as to cause his or her attendance to be inimical to  
          the welfare of other students."

          Existing law authorizes a CCC to expel a student for good  
          cause when other means of correction fail to bring about  
          proper conduct, or when the presence of the student causes a  
          continuing danger to the physical safety of the student or  
          others.  The expulsion is required to be accompanied by a  
          hearing.  



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          Existing federal law specifies that student disciplinary  
          records are protected by the Family Educational Rights and  
          Privacy Act (FERPA) and are subject to the general  
          requirement that records regarding identifiable students  
          cannot be shared without the student's consent or a court  
          order.  Current state law also provides these protections.  

          Existing law, the California Tort Claims Act, gives public  
          entities, including state and local governments, general  
          immunity from liability for injuries that may arise from an  
          act or an omission and extends that immunity to public  
          employees as specified.  


           ANALYSIS  

           This bill  :

          1)   Authorizes a governing board of a community college  
               district to deny enrollment or permit conditional  
               enrollment to a student who has been expelled or is  
               being considered for expulsion from another district  
               within the preceding 10 years for specified violent and  
               criminal offenses upon determining through a hearing  
               that the individual poses a continuing danger to the  
               physical safety of the students and employees in the  
               district.  Defines violent offenses to include:

               a)        Committed or attempted to commit murder;  

               b)        Caused, attempted to cause, or threatened to  
                    cause physical injury to another person, including  
                    assault or battery, as defined, except in  
                    self-defense; 

               c)        Committed or attempted to commit a sexual  
                    assault, as defined, or committed sexual battery,  
                    as defined;  

               d)        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;  

               e)        Committed or attempted to commit robbery;  



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               f)        Committed stalking, as defined;  

               g)        Possessed, sold, or otherwise furnished a  
                    firearm, knife, explosive, or other dangerous  
                    objects.  

          2)   Authorizes a California Community College (CCC) 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 and  
               requires any community college district receiving a  
               request to respond no later than five working days from  
               the receipt of the request.  

          3)   Authorizes a governing board of a CCC to deny, permit,  
               or condition enrollment of individuals who have been  
               expelled from another CCC for one of the defined acts  
               and requires the determination to be based on a hearing  
               conducted in accordance with the rules and regulations  
               governing student conduct that is adopted by the  
               governing board of the district.  

          4)   Requires a student who has been previously expelled from  
               a community college for any of the specified actions and  
               who seeks admission in another 
               community college district to inform the receiving  
               district of his or her prior expulsion.  

          5)   Authorizes a governing board to delegate authority  
               granted by this act to a district superintendent,  
               president or other designee, as specified.  

          6)   Grants a student who is denied enrollment the right to  
               appeal the decision to the district governing board.  

          7)   Specifies that the measure does not impose a duty 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.  

          8)   Specifies that a community college district, its  
               governing board members, district officers or employees,  
               including the superintendent, a college president, or  
               designees of those individuals, shall not be liable for  



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               an injury as a result of exercising discretion pursuant  
               to this act.  

          9)   Provides for reimbursement to California Community  
               College (CCC) districts if the Commission on State  
               Mandates determines that this bill contains state  
               mandated costs.  

           STAFF COMMENTS  

           1)   Discipline and expulsion from a CCC  .  Existing law  
               requires the CCCs to adopt rules for student conduct  
               standards and related penalties for violating those  
               standards.  A CCC district is authorized to expel a  
               student for good cause, which may include assault,  
               battery, or any threat of force or violence upon a  
               student or college personnel, willful misconduct that  
               results in injury or death to a student or college  
               personnel, or defacing district property, or the use,  
               sale, or possession on campus of controlled substance or  
               specified poisons.  Under current law, the conduct for  
               which a student may be removed, suspended, or expelled  
               must be related to college activity or college  
               attendance.  According to the author's office, there are  
               relatively few students expelled each year for violent  
               and criminal offenses; data from a survey of 55 CCC  
               campuses indicated that less than 25 students were  
               expelled in the 2007-08 academic year for reasons that  
               included threats and assault of students/school  
               personnel, vandalism of school property, and possession  
               of a weapon on campus.  

           2)   Need for the bill  .  Under current law, a student who is  
               expelled from a community college district for a serious  
               or violent act is free to enroll in a different  
               community college district without that district's  
               knowledge of his or her expulsion from the first  
               district.  The General Counsel for the California  
               Community Colleges Chancellor's Office has opined that  
               "even if the receiving college becomes aware of the  
               expulsion, there is no current authority to restrict a  
               student admission based on past conduct, even if that  
               conduct occurred at another community college district."  
                The sponsors of this bill contend that the inability to  
               deny admission to students who have previously been  
               expelled from other community colleges for certain  
               offenses poses a threat to students, faculty, and staff.  



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                This bill does not address students expelled from the  
               California State University (CSU) or the University of  
               California (UC) who seek admission to a community  
               college.  

           3)   Practices of other systems  .  According to the author's  
               office, the California Community Colleges are the only  
               postsecondary education institutions that do not have an  
               established authority or process for denying admission  
               to individuals who have been expelled from a college  
               within the system.  

          According to the UC, a student who is expelled from a campus  
               within the UC system may be considered for readmission  
               only under exceptional circumstances.  The student may  
               not be admitted to a different UC campus without the  
               express approval of the Chancellor of the campus to  
               which the expelled student has applied.  The Student  
               Conduct Procedures for the CSU afford students due  
               process in discipline proceedings and provide guidance  
               to campuses to address student misconduct.  These  
               procedures specify that students who are expelled from a  
               CSU campus are expelled from the entire system.   
               Admission or readmission to the CSU may be qualified,  
               revoked, or denied to any person found to have violated  
               the Student Conduct Code.  

          In the state's K-12 system, a pupil who is expelled from a  
               school district may be enrolled in another district  
               during or after the period of expulsion, only after the  
               second school district holds a hearing to determine  
               whether the individual poses a continuing danger either  
               to the pupils or employees of the school district.  AB  
               1400 establishes a process that is similar to that used  
               in the K-12 system.  

           SUPPORT
           
          Kern Community College District
          Peralta Community College District 
          Rio Hondo Community College District
          San-Jose Evergreen Community College District

           OPPOSITION
           
          None received.  




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