BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1400| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1400 Author: Fong (D) Amended: 6/29/09 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 8-0, 7/15/09 AYES: Romero, Huff, Alquist, Hancock, Liu, Padilla, Simitian, Wyland NO VOTE RECORDED: Maldonado SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 78-0, 5/21/09 - See last page for vote SUBJECT : Community colleges: expulsion: hearing SOURCE : Peralta Community College District DIGEST : 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. ANALYSIS : 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 CONTINUED AB 1400 Page 2 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. 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. 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 AB 1400 Page 3 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. F. Committed stalking, as defined. G. Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous objects. 2. Authorizes a 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 within five working days of receiving the request. 3. Requires a student who was 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. 4. Authorizes a governing board to delegate authority granted by this act to a district superintendent, president or other designee, as specified. AB 1400 Page 4 5. Grants a student who is denied enrollment the right to appeal the decision to the district governing board. 6. 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. 7. 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 an injury as a result of exercising discretion pursuant to this act. 8. Provides for reimbursement to CCC districts if the Commission on State Mandates determines that this bill contains state mandated costs. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee analysis, there is 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. In addition, this bill will have mandated and probably minor costs associated with districts responding to requests for information. SUPPORT : (Verified 8/18/09) Peralta Community College District (source) Kern Community College District Rio Hondo Community College District San-Jose Evergreen Community College District ARGUMENTS IN SUPPORT : According to the author's office, 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 AB 1400 Page 5 been expelled from another CCC district. Currently, a student who is expelled from one CCC district for a violent offense and freely enroll in another CC district without that CCC districts knowledge of his/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. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada NO VOTE RECORDED: Saldana, Bass DLW:do 8/18/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****