BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1400
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1400 (Fong)
          As Amended  June 29, 2009
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(May 21, 2009)  |SENATE: |32-5 |(September 1,  |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:   HIGHER ED.

          SUMMARY  :  Authorizes a California Community College District  
          (CCCD) governing board to, under specified circumstances, deny  
          admission to an applicant who has been expelled from a CCCD.   
          Specifically,  this bill  :  

          1)Allows a CCCD governing board to deny enrollment to an  
            applicant upon finding through a hearing that the applicant  
            has been expelled within the preceding 10 years, or is  
            undergoing expulsion procedures in another CCCD, for one of  
            several outlined offenses and that the applicant continues to  
            present a danger to the physical safety of the students and  
            employees of the CCCD.

          2)Provides that a CCCD may request information from another CCCD  
            in determining whether the applicant continues to pose a  
            danger to the physical safety of others; and, requires the  
            CCCD receiving such a request to respond within five working  
            days.

          3)Requires any applicant who has been previously expelled from a  
            CCCD for any of the defined offenses to inform the CCCD of his  
            or her prior expulsion; and, provides that failure to do so  
            shall be considered by the CCCD in determining whether to  
            grant admission.

          4)Allows the CCCD governing board, when making a determination  
            on whether to enroll an applicant who has been expelled from  
            another CCCD for one of the defined acts, to consider denying  
            enrollment, permitting enrollment, or permitting conditional  
            enrollment.

           The Senate amendments  :  









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           1)Expand authority for the CCCD governing board to deny  
            enrollment under the provisions of this bill to include an  
            applicant who is undergoing expulsion procedures in another  
            CCCD.

          2)Provides that the CCCD governing board may delegate authority  
            provided under this bill to the superintendent or president of  
            a CCCD, or his or her designee and provides an applicant  
            denied enrollment under this provision the right to appeal the  
            decision to deny enrollment to the governing board of the  
            CCCD.

          3)Provides that this bill does not impose a duty on a CCCD to  
            review applicants or current students or to conduct a hearing  
            in response to the receipt of information regarding an  
            applicant or current student.

          4)Provides that a CCCD, member of a CCCD governing board,  
            officer or employee of a CCCD, or a president or  
            superintendent of a CCCD shall not be liable for an injury  
            resulting from an exercise of discretion pursuant to this  
            bill.

           AS PASSED BY THE ASSEMBLY  , this bill authorized a CCCD governing  
          board to, under specified circumstances, deny admission to an  
          applicant who has been expelled from a CCCD.  
           
           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  
           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, CCCDs are the only public  
          educational segment in California without the ability to ensure  
          campus safety at one CCCD through a screening process of  
          students who have been expelled from another CCCD. Currently, a  
          student who is expelled from one CCCD for a violent offense can  
          freely enroll in another CCCD without that CCCD's knowledge of  
          his or her expulsion from the first CCCD.  Further, a CCCD 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 CCCD.  Finally, a CCCD may not  








                                                                  AB 1400
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          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.  

          Circumstances under which a student may be expelled from a CCCD:  
           Existing law requires CCCDs 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 CCCD 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  
          the 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 the University of California (UC), readmission to UC  
          following an expulsion requires the specific approval of the  
          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 



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