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. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 24, 2015 |Policy Vote: ED. 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: July 6, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 AB 969 (Williams) Page 1 of ? 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 AB 969 (Williams) Page 2 of ? 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 AB 969 (Williams) Page 3 of ? 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. -- END --