AB 969, as introduced, Williams. Community college districts: removal, suspension, or expulsion.
(1) 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 prohibits a community college student from being removed, suspended, or expelled unless the conduct for which the student is disciplined is related to college activity or attendance.
This bill would instead prohibit a community college student from being removed, suspended, or expelled unless the conduct for which the student is disciplined is related to college activity or attendance, or is conduct that threatens the safety of students or the public, whether that conduct occurs on or off campus.
(2) Existing law authorizes 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. Existing law requires the board or a delegate to hold a hearing, before taking action to deny enrollment or permit conditional enrollment, to determine whether the person continues to pose a risk.
This bill would expand this authorization, to either deny enrollment, permit enrollment, or permit conditional enrollment, to include an individual who has been suspended for a sexual assault or sexual battery offense from another community college district, as specified. The bill would also authorize a community college district to require a student seeking admission to inform the community college district if he or she has been previously suspended from a community college in the state for rape, sexual assault, or sexual battery. By imposing additional duties on a community college district, this bill would impose a state-mandated local program.
(3) 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 76034 of the Education Code is amended
2to read:
No student shall be removed, suspended, or expelled
4unless the conduct for which the student is disciplined is related
5to college activity or collegebegin delete attendance.end deletebegin insert attendance, or is conduct
6that threatens the safety of students and the public, whether that
7conduct occurs on or off campus.end insert
Section 76038 of the Education Code is amended to
9read:
(a) If the governing board of a community college
11district receives an application for admission from an individual
12who has been expelled from anotherbegin insert community collegeend insert district
P3 1begin insert or suspended for a sexual assault or sexual battery offense from
2another community college districtend insert pursuant to this article within
3the preceding five years, or who is undergoing expulsion
4procedures in another district, for any of the offenses listed in
5subdivision (b), before taking action to deny enrollment or permit
6conditional enrollment as authorized by subdivisionbegin delete (e),end deletebegin insert
(f),end insert the
7governing board or delegate pursuant to subdivisionbegin delete (f)end deletebegin insert (g)end insert shall
8hold a hearing, conducted in accordance with this section and the
9applicable rules and regulations governing enrollment hearings
10authorized by this section and adopted in accordance with Section
1166300, to determine whether that individual poses a continuing
12danger to the physical safety of the students and employees of the
13district.
14(b) For purposes of this section, “offense” means one of the
15following:
16(1) Committed or attempted to commit murder.
17(2) Caused, attempted to cause serious, or threatened to cause
18
physical injury to another person, including assault or battery as
19defined in Section 240 or 242 of the Penal Code, except in
20self-defense.
21(3) Committed or attempted to commit a sexual assault as
22defined in Section 261, 266c, 286, 288, 288a, or 289 of the Penal
23Code or committed sexual battery as defined in Section 243.4 of
24the Penal Code.
25(4) Committed or attempted to commit kidnapping, or seized,
26confined, inveigled, enticed, decoyed, abducted, concealed,
27kidnapped, or carried away another person by any means with the
28intent to hold or detain that person for ransom or reward.
29(5) Committed or attempted to commit robbery or extortion.
30(6) Committed stalking as defined in Section 646.9 of the Penal
31Code.
32(7) Unlawfully possessed, sold, or otherwise furnished a firearm,
33knife, explosive, or other dangerous object.
34(c) A community college district may request information, and
35respond to a request for information, from another community
36college district to determine whether an applicant continues to
37pose a danger to the physical safety of others.
38(d) A community college district may require a student seeking
39admission who has been previously expelled from a community
40college in the state for any of the actions listed in subdivision (b)
P4 1to inform the district of his or her prior expulsion. Failure to do so
2may be considered by the district in determining whether to grant
3admission, and a written record of the fact may be maintained by
4the district with the applicant’s file.
5(e) A community college district may require a student seeking
6admission who has been previously suspended from a community
7college in the state for rape, sexual assault, or sexual battery to
8inform the district of his or her prior suspension. Failure to do so
9may be considered by the district in determining whether to grant
10admission, and a written record of the fact may be maintained by
11the community college district with the applicant’s file.
12(e)
end delete
13begin insert(f)end insert The governing board of a community college district, upon
14making a determination pursuant to subdivision (a), shall take into
15
consideration evidence of subsequent offenses and rehabilitative
16efforts since the offense and may take any of the following actions:
17(1) Deny enrollment.
18(2) Permit enrollment.
19(3) Permit conditional enrollment.
20(f)
end delete
21begin insert(g)end insert The governing board of a community college district may
22delegate any authority under this section to the superintendent or
23president of a community college district, or his or her designee,
24or a threat assessment crisis response team pursuant to rules and
25regulations
adopted pursuant to Section 66300.
26(g)
end delete
27begin insert(h)end insert Before the governing board of a community college district
28takes action as authorized under this section, the governing board
29shall establish a formal appeals process for students denied
30enrollment to appeal the decision to the governing board. A student
31who is denied enrollment under subdivisionbegin delete (e)end deletebegin insert (f)end insert may appeal the
32decision to deny enrollment to the governing board of the
33community college district.
34(h)
end delete
35begin insert(i)end insert This section shall not be construed to impose any duty on a
36community college district to review applicants for admission or
37review previously enrolled students, whether returning or
38continuing, or to conduct a hearing in response to the receipt of
39any information regarding a potential, former, or existing student.
40(i)
end delete
P5 1begin insert(j)end insert In accordance with Sections 815.2 and 820.2 of the
2Government Code, a community college district, a member of the
3governing board of a community college district, an officer or
4
employee of a community college district, including a
5superintendent of a community college district, a president of a
6community college district, and the designee of a president or a
7superintendent, shall not be liable for an injury resulting from an
8exercise of discretion pursuant to this section, including, but not
9limited to, an exercise of discretion not to conduct a hearing when
10a hearing is not required.
11(j)
end delete
12begin insert(k)end insert This section shall not apply to the admission of students for
13whom a community college district has discretion to admit pursuant
14to Section 76000.
If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
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