BILL ANALYSIS
AB 1400
Page 1
GOVERNOR'S VETO
AB 1400 (Fong)
As Amended June 29, 2009
2/3 vote
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|ASSEMBLY: |78-0 |(May 21, 2009) |SENATE: |32-5 |(September 1, |
| | | | | |2009) |
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|ASSEMBLY: |78-0 |(September 3, 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
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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 :
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
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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
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.
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GOVERNOR'S VETO MESSAGE :
I am very supportive of the intent of this bill to
maintain the safety and well being of all students
attending California Community Colleges (CCC).
However, as drafted, the bill creates an uneven
standard between students who could be denied
admission because of criminal acts they may have
committed in the past.
Since I am committed to having community colleges be
both safe places for quality education, as well as
open institutions of hope for all students, I am
asking the CCC Board of Governors to work in
collaboration with CCC Chancellor Scott to work on a
policy that will most effectively address this issue
for the campuses.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0003303