BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1400|
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                                 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  
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          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  







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             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.







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          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  







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          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

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