Amended in Senate May 7, 2014

Amended in Senate April 28, 2014

Senate Bill No. 1400

Introduced by Senator Hancock

February 21, 2014

An act to amend Section 76030 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

SB 1400, as amended, Hancock. Community colleges: expulsions.

Existing law provides authority for a governing board, the president of a community college, or the president’s designee, or an instructor to suspend a student for good cause. Existing law authorizes the governing board to expel a student for good cause when other means of correction fail to bring about proper conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires the suspension or expulsion of a student to be accompanied by a hearing as provided.

This bill would provide that, if good cause for the issuance of an begin delete order protecting end delete begin insert order, requested by a community college district, to protect end insert a campus of the district, or any person regularly present on a campus of the district, is issued by a court against a student of that district, and prevents that student from attending classes and maintaining his or her academic standing, the begin delete student end delete begin insert district end insert may begin delete apply to the governing board of that community college district end delete begin insert require the student to apply end insert for reinstatement from any related expulsion after the expiration of that order. begin insert If the district requires the student to apply for reinstatement, the bill would require the district to do so before the expiration of the protective order. end insert The bill would require a review with respect to the application to be conducted at the request of the student. The bill would require the review to include consideration of specified issues. The bill would require, after the review, that the governing board or the person to whom the governing board delegates this authority deny begin delete enrollment end delete begin insert reinstatement end insert , permit begin delete enrollment end delete begin insert reinstatement end insert , or permit conditional begin delete enrollment end delete begin insert reinstatement end insert , as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 76030 of the Education Code is amended
to read:

76030.  

(a) Consistent with requirements of due process of law,
with this article, and with the rules of student conduct adopted by
the governing board under Section 66300, the governing board,
the president of a community college or the president’s designee,
or an instructor shall suspend a student for good cause. In addition,
the governing board is authorized to expel a student for good cause
when other means of correction fail to bring about proper conduct,
or when the presence of the student causes a continuing danger to
the physical safety of the student or others. The suspension or
expulsion of a student shall be accompanied by a hearing conducted
pursuant to the requirements of Section 66017.

(b) (1) Notwithstanding any other begin delete law , end delete begin insert law, end insert if good cause for
the issuance of an order begin delete protecting end delete begin insert , requested by a community
college district, to protect end insert a campus of a community college
district, or any person regularly present on a campus of that district,
is issued by a court against a student of that community college
district, and prevents that student from attending classes and
maintaining his or her academic standing, begin delete that student may apply
to end delete the begin delete governing board of that end delete community college district begin delete for end delete begin insert may
require the student to apply end insert begin insert for end insert reinstatement from any related
expulsion after the expiration of that order. begin delete At the request of a end delete begin insert If
the district requires the student to apply for reinstatement, it shall
do so before the expiration of the protective order. If a end insert student
begin delete who end delete applies for reinstatement under this paragraph, a review with
respect to the application shall be conducted. This review, at a
minimum, shall include consideration of all of the following issues:

(A) The gravity of the offense.

(B) Evidence of subsequent offenses, if any.

(C) The likelihood that the student would cause substantial
disruption if he or she is reinstated.

(2) The governing board of the community college district, or
the person to whom authority is delegated pursuant to subdivision
(f) of Section 76038, shall take one of the following actions after
conducting a review under paragraph (1):

(A) Deny begin delete enrollment end delete begin insert reinstatement end insert .

(B) Permit begin delete enrollment end delete begin insert reinstatement end insert .

(C) Permit conditional begin delete enrollment end delete begin insert reinstatement end insert , and specify
the conditions under which begin delete enrollment end delete begin insert reinstatement end insert will be
permitted.