Amended in Senate April 28, 2014

Senate Bill No. 1400

Introduced by Senator Hancock

February 21, 2014

An act to amend Section 76030 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

SB 1400, as amended, Hancock. Community colleges: expulsions.

Existing law begin delete requires end delete begin insert provides authority for end insert a governing board, the president of a community college, or the president’s designee, or an instructor to suspend a student for good cause. Existing law authorizes the governing board 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. Existing law requires the suspension or expulsion of a student to be accompanied by a hearing as provided.

This bill would begin delete authorize the governing board of a community college to expel a student, without further proceedings end delete begin insert provide that end insert , if good cause for the issuance of an order protecting a campus of the district, or any person regularly present on a campus of the district, is issued by a court against begin delete the end delete begin insert a end insert student begin delete after an evidentiary hearing. end delete begin insert of that district, and prevents that student from attending classes and maintaining his or her academic standing, the student may apply to the governing board of that community college district for reinstatement from any related expulsion after the expiration of that order. The bill would require a review with respect to the application to be conducted at the request of the student. The bill would require the review to include consideration of specified issues. The bill would require, after the review, that the governing board or the person to whom the governing board delegates this authority deny enrollment, permit enrollment, or permit conditional enrollment, as specified. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 76030 of the Education Code is amended
to read:

76030.  

(a) Consistent with requirements of due process of law,
with this article, and with the rules of student conduct adopted by
the governing board under Section 66300, the governing board,
the president of a community college or the president’s designee,
or an instructor shall suspend a student for good cause. In addition,
the governing board is authorized 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 suspension or
expulsion of a student shall be accompanied by a hearing conducted
pursuant to the requirements of Section 66017.

(b)  begin insert (1) end insert begin insert   end insert Notwithstanding begin delete this article and Section 66017, the
governing board of a community college may expel a student,
without further proceedings end delete begin insert any other law end insert , if good cause for the
issuance of an order protecting a campus of begin delete the end delete begin insert a community
college end insert district, or any person regularly present on a campus of
begin delete the end delete begin insert that end insert district, is issued by a court against begin delete the student after an
evidentiary hearing. end delete begin insert a student of that community college district,
and prevents that student from attending classes and maintaining
his or her academic standing, that student may apply to the
governing board of that community college district for
reinstatement from any related expulsion after the expiration of
that order. At the request of a student who applies for reinstatement
under this paragraph, a review with respect to the application
shall be conducted. This review, at a minimum, shall include
consideration of all of the following issues: end insert

begin insert

(A) The gravity of the offense.

end insert begin insert

(B) Evidence of subsequent offenses, if any.

end insert begin insert

(C) The likelihood that the student would cause substantial
disruption if he or she is reinstated.

end insert begin insert

(2) The governing board of the community college district, or
the person to whom authority is delegated pursuant to subdivision
(f) of Section 76038, shall take one of the following actions after
conducting a review under paragraph (1):

end insert begin insert

(A) Deny enrollment.

end insert begin insert

(B) Permit enrollment.

end insert begin insert

(C) Permit conditional enrollment, and specify the conditions
under which enrollment will be permitted.

end insert