BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 969|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 969
Author: Williams (D), et al.
Amended: 6/24/15 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 8-0, 6/17/15
AYES: Liu, Runner, Block, Hancock, Leyva, Monning, Pan, Vidak
NO VOTE RECORDED: Mendoza
SENATE APPROPRIATIONS COMMITTEE: 7-0, 7/6/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 59-11, 5/18/15 - See last page for vote
SUBJECT: Community college districts: removal, suspension,
or expulsion
SOURCE: Author
DIGEST: This bill expands those expulsion offenses which a
community college district may require a student seeking
admission to disclose to include sexual assault, domestic
violence, dating violence and stalking.
ANALYSIS:
Existing law:
1)Provides for the suspension or expulsion of community college
students with "good cause." (Education Code § 76030-76038)
2)Authorizes a community college district to require a student
AB 969
Page 2
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 five years. (Education Code §
76038)
3)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)
This bill expands the authority of a district to determine
whether an individual poses a continuing danger to the physical
safety of the students and employees of the district and to
deny, permit, or permit conditionally, the enrollment of a
student seeking admission. Specifically, this bill:
1)Authorizes the community college district to consider and to
require the student to disclose whether he/she was expelled by
another district within the last five years, or is undergoing
expulsion review, for violation of a district's policies,
adopted pursuant to specified state law, on sexual assault,
domestic violence, dating violence, and stalking.
2)Authorizes a district to consider failure to disclose previous
expulsion for a violation of district policies on sexual
assault, domestic violence, and dating violence in determining
whether to grant admission, and authorizes a written record of
the fact to be maintained by the district with the applicant's
file.
Comments
According to the author, at a roundtable discussion at UC Santa
Barbara in November 2014, local community college
AB 969
Page 3
representatives raised concerns that students dismissed from a
college for a sexual assault offense simply transferred to a
different campus. The representatives expressed the need to
have clear legal authority in place to ensure their students'
and communities' safety and well-being. This bill requires
students to disclose whether they were dismissed from another
institution for sexual assault, in order to ensure the physical
safety of the students and employees of the district, and the
public.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, 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 hearings or
appeals. Each hearing is estimated to cost between $3,000 and
$5,000.
SUPPORT: (Verified7/8/15)
Kamala D. Harris, Attorney General
Board of Governors, California Community Colleges
California Federation of Teachers
OPPOSITION: (Verified7/8/15)
None received
ASSEMBLY FLOOR: 59-11, 5/18/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer,
AB 969
Page 4
Lackey, Levine, Linder, Lopez, Low, Maienschein, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Perea, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Waldron, Weber, Williams, Wood, Atkins
NOES: Travis Allen, Bigelow, Brough, Beth Gaines, Grove, Jones,
Obernolte, Olsen, Patterson, Wagner, Wilk
NO VOTE RECORDED: Chang, Chávez, Dahle, Hadley, Harper, Kim,
Mathis, Mayes, Melendez, Quirk
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
7/8/15 15:49:15
**** END ****