BILL NUMBER: AB 288	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2011
	AMENDED IN ASSEMBLY  MARCH 22, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 8, 2011

   An act to add Section 76038 to the Education Code, relating to
community college districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 288, as amended, Fong. Public postsecondary education:
community colleges: expulsion hearing.
   Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, administered by a governing board, throughout the state,
and authorizes these districts to provide instruction to students at
the community college campuses maintained by the districts.
   Existing law authorizes the governing board of a district to expel
a student for good cause when the presence of the student causes a
continuing danger to the physical safety of the student or others.
Existing law requires that the expulsion be accompanied by a hearing.

   This bill would authorize the governing board of a district to
either deny enrollment, permit enrollment, or permit conditional
enrollment to any individual who has been expelled from a community
college within the preceding 5 years, or who is, at the time of the
application, undergoing expulsion procedures, for certain offenses,
as provided, if the board determines that the person continues to
pose a risk to the safety of others. This bill would require the
board or a delegate to hold a hearing, before taking action to deny
enrollment or permit conditional enrollment, before making the
determination as to whether the person continues to pose a risk. The
bill would authorize a governing board of a district to delegate its
authority under these provisions to the superintendent or president
of the district, or to his or her designee.
   The bill would expressly apply specified immunities to an exercise
of discretion by a community college district, and its officers and
employees, under these provisions.
   The bill would also allow the community college 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. The bill would require any community
college district receiving the request to respond to the request
within 5 working days.
   By requiring a community college district to hold a hearing and to
respond to the request of another community college for information
regarding an expelled student, this bill would create a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 76038 is added to the Education Code, to read:
   76038.  (a) If the governing board of a community college district
receives an application for admission from an individual who has
been expelled from another district pursuant to this article within
the preceding 5 years, or who is undergoing expulsion procedures in
another district, for any of the offenses listed in subdivision (b),
before taking action to deny enrollment or permit conditional
enrollment as authorized by subdivision (e), the governing board or
delegate pursuant to subdivision (f) shall hold a hearing, conducted
in accordance with this section and the applicable rules and
regulations of governing enrollment hearings authorized by this
section and adopted in accordance with Section 66300, to determine
whether that individual poses a continuing danger to the physical
safety of the students and employees of the district.
   (b) For purposes of this section, "offense" means one of the
following:
   (1) Committed or attempted to commit murder.
   (2) Caused, attempted to cause serious, or threatened to cause
physical injury to another person, including assault or battery as
defined in Section 240 or 242 of the Penal Code, except in
self-defense.
   (3) Committed or attempted to commit a sexual assault as defined
in Section 261, 266c, 286, 288, 288a, or 289 of the Penal Code or
committed sexual battery as defined in Section 243.4 of the Penal
Code.
   (4) 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.
   (5) Committed or attempted to commit robbery or extortion.
   (6) Committed stalking as defined in Section 646.9 of the Penal
Code.
   (7) Unlawfully possessed, sold, or otherwise furnished a firearm,
knife, explosive, or other dangerous object.
   (c) A community college district may request information from
another community college district in determining whether the
applicant continues to pose a danger to the physical safety of
others. Any community college district receiving such a request shall
respond no later than five working days from the receipt of the
request.
   (d) Any student who has been previously expelled from a community
college in the state for any of the actions listed in subdivision (b)
shall inform the district in which he or she is seeking admission of
his or her prior expulsion. Failure to do so shall be considered by
the district in determining whether to grant admission, and a written
record of the fact shall be maintained by the district with the
applicant's file.
   (e) The governing board of a community college district, upon
making a determination pursuant to subdivision (a), shall take into
consideration evidence of subsequent offenses and rehabilitative
efforts since the offense and may take any of the following actions:
   (1) Deny enrollment.
   (2) Permit enrollment.
   (3) Permit conditional enrollment.
   (f) The governing board of a community college district may
delegate any authority under this section to the superintendent or
president of a community college district, or his or her designee, or
a threat assessment crisis response team pursuant to rules and
regulations adopted pursuant to Section 66300.
   (g) Before the governing board of a community college district
takes action as authorized under this section, the governing board
shall establish a formal appeals process for students denied
enrollment to appeal the decision to the governing board. A student
who is denied enrollment under subdivision (e) may appeal the
decision to deny enrollment to the governing board of the community
college district.
   (h) This section shall not be construed to impose any duty on a
community college district 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.
   (i) A community college district, a member of the governing board
of a community college district, an officer or employee of a
community college district, including a superintendent of a community
college district, a president of a community college district, and
the designee of a president or a superintendent, shall not be liable
for an injury resulting from an exercise of discretion pursuant to
this section  , and in accordance with Sections 815.2 and 820.2
of the Government Code  , including, but not limited to, an
exercise of discretion not to conduct a hearing.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.