BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 969 (Williams) - Community college districts: removal,  
          suspension, or expulsion.
          
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          |Version: June 24, 2015          |Policy Vote: ED. 8 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 6, 2015      |Consultant: Jillian Kissee      |
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          This bill does not meet the criteria for referral to the  
          Suspense File.


          Bill  
          Summary:  This bill expands the offenses for which a governing  
          board of a community college district (district) is authorized,  
          following a hearing, to deny enrollment or permit conditional  
          enrollment to include violation of a district's policies  
          regarding sexual assault, domestic violence, dating violence,  
          and stalking on or off campus.  This bill also provides that a  
          district may require a student previously expelled for these  
          offenses to inform the district, considering admission, of such  
          expulsion.


          Fiscal  
          Impact:  
           Unknown, nonreimbursable costs to the extent districts choose  
            to consider whether to deny enrollment or permit conditional  
            enrollment to previously expelled students, for a broader set  
            of offenses results in an increase in the number of required  







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            hearings or appeals.  Each hearing is estimated to cost  
            between $3,000 and $5,000.


          Background:  Existing law requires the governing board of a community  
          college district to admit any California resident, and permits  
          it to admit any nonresident, possessing a high school diploma or  
          the equivalent. (Education Code § 76000)

          Existing law provides for the suspension or expulsion of  
          community college students with "good cause" but prohibits the  
          removal suspension or expulsion of a community college student  
          unless the conduct resulting in the disciplinary action is  
          related to college activity or college attendance. (Education  
          Code § 76030-76038)

          Existing law authorizes a community college district to require  
          a student seeking admission to disclose his/her prior expulsion  
          from another community college district and authorizes the  
          governing board of a community college district to deny  
          enrollment, permit enrollment, or permit conditional enrollment  
          to a student who has been expelled, or is being considered for  
          expulsion, from another district for specified offenses within  
          the preceding 5 years.  (Education Code § 76038)

          Existing law requires that, in order to receive state funds for  
          student financial assistance, the governing board of each  
          community college district, the Trustees of the California State  
          University, the Regents of the University of California, and the  
          governing boards of independent postsecondary institutions must  
          adopt a policy concerning sexual assault, domestic violence,  
          dating violence, and stalking, as defined in the federal Higher  
          Education Act of 1965 (20 U.S.C. Sec. 1092(f)) involving a  
          student, both on and off campus.  (Education Code § 67386)


          Proposed Law:  
            This bill expands the offenses for which a governing board of  
          a district is authorized, following a hearing, to deny  
          enrollment or permit conditional enrollment to include violation  
          of a district's policies regarding sexual assault, domestic  
          violence, dating violence, and stalking on or off campus.  This  
          bill also provides that a district may require a student  
          previously expelled for these offenses to inform the district of  








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          such expulsion.  Specifically this bill:
                 Requires that before a district's decision to deny or  
               permit conditional enrollment of an individual who has been  
               expelled from another district in the last five years, or  
               who is undergoing expulsion procedures, for a violation of  
               a district's policies regarding sexual assault, domestic  
               violence, dating violence, and stalking involving a  
               student, both on and off campus, the district hold a  
               hearing.  The purpose of the hearing is to determine  
               whether the individual poses a continuing danger to the  
               physical safety of the students and employees of the  
               district.


                 Authorizes a district to require a student seeking  
               admission who has been previously expelled from a community  
               college for a violation of that district's policies  
               regarding sexual assault, domestic violence, dating  
               violence, and stalking involving a student, both on and off  
               campus, to inform the district of the prior expulsion.  


                 Provides that failure to disclose prior expulsions may  
               be considered by the district in determining whether to  
               grant admission, and a record of the fact may be maintained  
               in the applicant's file.




          Related  
          Legislation:  AB 968, Williams, requires public and private  
          postsecondary educational institutions to indicate on student  
          transcripts when a student has been suspended or expelled.  This  
          bill is pending in the Senate Education Committee.
          AB 967, Williams, establishes minimum disciplinary standards and  
          reporting requirements for sexual assault complaints received by  
          public and private postsecondary educational institutions.  This  
          bill is pending in the Senate Education Committee.




          Staff  








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          Comments:  Current law allows a governing board of a community  
          college district to deny enrollment, permit enrollment, or  
          permit conditional enrollment upon making a determination as to  
          whether an individual seeking admission that has been previously  
          expelled for specified offenses, poses a continuing danger to  
          the physical safety of the students and employees of the  
          district.  If the district chooses to either deny or permit  
          conditional enrollment, the district must first hold a hearing  
          to determine whether the individual poses a continuing danger.  
          This bill expands the offenses by which a governing board of a  
          district may deny or permit conditional enrollment, after  
          holding a hearing.  Though sexual assault and stalking are  
          already considered to be an "offense" under current law, this  
          bill specifies that they involve a student both on and off  
          campus.  This bill also includes domestic violence and dating  
          violence involving a student on or off campus.  The expanded set  
          of offenses could potentially result in an increase in the  
          number of hearings districts could hold.  Each hearing is  
          estimated to cost between $3,000 and $5,000.  Additional  
          downstream costs could result to the extent additional appeals  
          are pursued by students whose enrollment is denied.


          Because the requirements of this bill are based on a decision of  
          the governing board of the district, within a discretionary  
          process, they are unlikely to be reimbursable by the Commission  
          on State Mandates and therefore costs would be borne locally by  
          districts.  




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