BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       SB 1400|
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                                    THIRD READING


          Bill No:  SB 1400
          Author:   Hancock (D)
          Amended:  5/15/14
          Vote:     21


           SENATE EDUCATION COMMITTEE  :  9-0, 4/30/14
          AYES:  Liu, Wyland, Block, Correa, Galgiani, Hancock, Hueso,  
            Huff, Monning


           SUBJECT  :    Community protective orders

           SOURCE  :     Peralta Community College District


           DIGEST  :    This bill authorizes a California Community College  
          (CCC) district to require a student, whom the district has a  
          protective order against, to apply for reinstatement, as  
          specified.

           Senate Floor Amendments  of 5/15/14 delete the reference to  
          reinstatement as the result of an expulsion order; thereby  
          clarifying that reinstatement may be required solely as the  
          result of a protection order being issued against the student.

           ANALYSIS :    Existing law provides authority for a governing  
          board of a CCC, the president of a CCC, or the president's  
          designee, or an instructor to suspend a student for good cause;  
          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; and  
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          requires the suspension or expulsion of a student to be  
          accompanied by a hearing as provided.




          This bill:

          1.Authorizes a CCC district to require a student to apply for  
            reinstatement after the expiration of a protective order,  
            requested by the CCC district, protecting a campus of a CCC  
            district, or any person regularly present on the campus of the  
            district, if the order is issued by a court against a student,  
            and the order prevented that student from attending classes  
            and maintaining his/her academic standing.

          2.Requires, if the CCC district mandates the student to apply  
            for reinstatement, to do so before the expiration of the  
            protective order.

          3.Requires, upon request for reinstatement by a person:

             A.   A review be conducted.

             B.   The review consider:

               1)     The gravity of the offense.

               2)     Evidence of subsequent offenses.

               3)     The student's ability to not cause substantial  
                 disruption.

          1.Authorizes the governing board of a CCC to:

             A.   Deny reinstatement.

             B.   Permit reinstatement.

             C.   Permit conditional reinstatement.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No


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           SUPPORT  :   (Verified  5/19/14)

          Peralta Community College District (source)
          Community College League of California
          Los Angeles Community College District
          Los Rios Community College District
          Rio Honola Community College District
          San Diego Community College District
          South Orange County Community College District
          West Kern Community College District
          Yosemite Community College District


          PQ:e  5/19/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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