BILL NUMBER: AB 969 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Williams
(Coauthor: Assembly Member Rendon)
FEBRUARY 26, 2015
An act to amend Sections 76034 and 76038 of the Education Code,
relating to community college districts.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 76034 of the Education Code is amended to read:
76034. No student shall be removed, suspended, or expelled unless
the conduct for which the student is disciplined is related to
college activity or college attendance.
attendance, or is conduct that threatens the safety of students and
the public, whether that conduct occurs on or off campus.
SEC. 2. Section 76038 of the Education Code is amended 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 community college district
or suspended for a sexual assault or sexual battery offense from
another community college district pursuant to this article
within the preceding five 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),
(f), the governing board or delegate pursuant to
subdivision (f) (g) shall hold a
hearing, conducted in accordance with this section and the applicable
rules and regulations 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, and
respond to a request for information, from another community college
district to determine whether an applicant continues to pose a danger
to the physical safety of others.
(d) A community college district may require a student seeking
admission who has been previously expelled from a community college
in the state for any of the actions listed in subdivision (b) to
inform the district of his or her prior expulsion. Failure to do so
may be considered by the district in determining whether to grant
admission, and a written record of the fact may be maintained by the
district with the applicant's file.
(e) A community college district may require a student seeking
admission who has been previously suspended from a community college
in the state for rape, sexual assault, or sexual battery to inform
the district of his or her prior suspension. Failure to do so may be
considered by the district in determining whether to grant admission,
and a written record of the fact may be maintained by the community
college district with the applicant's file.
(e)
(f) 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)
(g) 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)
(h) 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)
(f) may appeal the decision to deny enrollment to the
governing board of the community college district.
(h)
(i) 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)
(j) In accordance with Sections 815.2 and 820.2 of the
Government Code, 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, including, but not limited to, an exercise
of discretion not to conduct a hearing when a hearing is not
required.
(j)
(k) This section shall not apply to the admission of
students for whom a community college district has discretion to
admit pursuant to Section 76000.
SEC. 3. 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.