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. AB 1400 Page 2 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; AB 1400 Page 3 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 AB 1400 Page 4 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. AB 1400 Page 5 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. AB 1400 Page 6