BILL ANALYSIS Ó
AB 2171
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2171 (Fong) - As Amended: March 21, 2012
Policy Committee: Higher
EducationVote:9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill authorizes the governing board of a community college
district to deny admission to someone expelled from another
district within the previous five years, under specified
circumstances. Specifically, this bill:
1)Allows a district to deny enrollment to an individual who was
expelled from a district within the preceding five years or
who is undergoing expulsion procedures, for specified criminal
offenses, after holding a hearing and determining that the
individual presents a continuing danger to the physical safety
of the district's students and employees.
2)Requires a district, if requested by another district seeking
to make a determination per (1), to respond to an information
request within five working days.
3)Authorizes a district to require a student seeking admission
who was expelled for one of the specified offenses to inform
the community college district of their prior expulsion.
Failure of the student to do so is to be considered by the
district in determining whether to grant admission.
4)Allows the governing board, upon making a determination
regarding a previously expelled student, to deny enrollment,
permit enrollment, or permit conditional enrollment.
5)Requires a district, prior to taking any action to deny
enrollment per the above, to establish an appeals process, and
allows a student denied enrollment per the above to appeal the
decision to the district governing board.
AB 2171
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FISCAL EFFECT
1)Likely minor reimbursable costs for districts to provide
information regarding past student expulsions to other
districts, upon request, within five working days.
2)Minor nonreimbursable costs for legal services to districts
who, in electing to consider whether to deny enrollment or
permit conditional enrollment to an individual, conduct the
required hearings and establish the required appeals process
and conduct appeals upon request. Assuming up to $5,000 per
hearing, annual costs statewide would probably not exceed
$50,000 to $100,000.
COMMENTS
1)Purpose . According to the author, the California Community
Colleges (CCCs) are the only public educational segment in
California without the ability to ensure campus safety at one
community college district by screening students who have been
expelled from another district. Currently, a student who is
expelled from one district for a violent offense can freely
enroll in another district without that district's knowledge
of his or her expulsion from the first district. In addition,
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 the
student poses a continuing threat to the students, faculty,
and staff on the campus. This bill is intended to address
these problems.
The bill applies to expulsions for the following offenses:
a) Murder or attempted murder.
b) Causing, attempting to cause, or threatening to cause
physical injury to another person.
c) Committing or attempting to commit a sexual assault.
d) Committing or attempting to commit kidnapping.
e) Committing or attempting to commit robbery or extortion.
AB 2171
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f) Stalking.
g) Unlawfully possessing, selling, or otherwise furnishing
a firearm, knife, explosive, or other dangerous object.
2)Recent CCC expulsions . According to a survey of 55 CCC
campuses provided by the author, 29 individuals in the 2007-08
academic year and 17 in the 2009-10 academic year were
expelled from CCCs. Reasons identified for expulsion include
harassment of students and faculty, vandalism of school
property, and falsifying college transcripts and instructor
signatures, among other activities.
3)Prior Legislation . In 2011, AB 288 (Fong), which was
substantially similar to this bill, was vetoed by Governor
Brown, who expressed concern that "requiring every community
college to follow a uniform process for evaluating a student
expulsion taken by another district adds unnecessary burdens
and costs that the state will have to reimburse." Unlike AB
288, this bill authorizes, but does not require, a district to
require applicants to inform the district if they have been
expelled from another district.
In 2010, AB 1400 (Fong), also a similar to this bill, was
vetoed by Governor Schwarzenegger, who instead urged the CCC
Chancellor and Board of Governors to work on a policy to
address this issue. According to the CCC Chancellor's Office,
such discussions occurred, but it appears a new statute would
be required for the Chancellor's Office to issue regulations
on this matter.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081