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california legislation > ab 1400

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Tab 1

ASSEMBLY BILL No. 1400


Introduced by Assembly Member Fong

INTRODUCED BY Assembly Member Fong FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, as introduced, Fong. Community colleges: expulsion: hearing.

February 27, 2009

An act to add Section 76038 to the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1400, as introduced, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize the governing board of a district to deny admission to any individual who has been expelled from a community college within the preceding 10 years for certain violent offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require a hearing before making the determination as to whether the person continues to pose a risk.

(2) The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill requires any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

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.

AB 1400, as introduced, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize the governing board of a district to deny admission to any individual who has been expelled from a community college within the preceding 10 years for certain violent offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require a hearing before making the determination as to whether the person continues to pose a risk.

(2) The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill requires any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

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 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years for any of the violent offenses listed in subdivision (b), the governing board may hold a hearing to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. The determination shall be made after a hearing conducted pursuant to the requirements of Section 66017.

(b) A person may be denied enrollment if a determination has been made pursuant to subdivision (a) and the person has previously been expelled for having committed any act as defined pursuant to any of paragraphs (1) to (8), inclusive:

(1) Committed or attempted to commit murder.

(2) Caused, attempted to cause, 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) Threatened a community college district employee or officer to do, or refrain from doing, any act in the performance of her or his duties.

(8) Possessed, sold, or otherwise furnished a firearm, knife, explosives, or other dangerous object, including, but not limited to, any facsimile firearm, knife, explosive, or other dangerous object.

(c) A community college district may request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file. SEC. 2. 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. SECTION 1. Section 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years for any of the violent offenses listed in subdivision (b), the governing board may hold a hearing to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. The determination shall be made after a hearing conducted pursuant to the requirements of Section 66017.

(b) A person may be denied enrollment if a determination has been made pursuant to subdivision (a) and the person has previously been expelled for having committed any act as defined pursuant to any of paragraphs (1) to (8), inclusive:

(1) Committed or attempted to commit murder.

(2) Caused, attempted to cause, 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) Threatened a community college district employee or officer to do, or refrain from doing, any act in the performance of her or his duties.

(8) Possessed, sold, or otherwise furnished a firearm, knife, explosives, or other dangerous object, including, but not limited to, any facsimile firearm, knife, explosive, or other dangerous object.

(c) A community college district may request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file. SEC. 2. 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.


Tab 2

AMENDED IN ASSEMBLY APRIL 15, 2009 - pdf

ASSEMBLY BILL No. 1400


Introduced by Assembly Member Fong

FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

February 27, 2009

An act to add Section 76038 to the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize the governing board of a district to either deny admission to enrollment, permit enrollment, or permit conditional enrollment by any individual who has been expelled from a community college within the preceding 10 years for certain violent offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require a hearing before making the determination as to whether the person continues to pose a risk.

(2) The

The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill requires would require any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

The

(2) 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 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years for any of the violent offenses listed in subdivision (b), the governing board may hold a hearing to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. The determination shall be made after a hearing conducted pursuant to pursuant to a hearing conducted in accordance with the requirements of Section 66017.

(b) A person may be denied enrollment if a determination has been made pursuant to subdivision (a) and the person has previously been expelled for having committed any act as defined pursuant to any of paragraphs (1) to (8), inclusive:

(b) For purposes of this section, "violent offense" means one of the following actions:

(1) Committed or attempted to commit murder.

(2) Caused, attempted to cause, 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) Threatened a community college district employee or officer to do, or refrain from doing, any act in the performance of her or his duties.

(8)

(7) Possessed, sold, or otherwise furnished a firearm, knife, explosives explosive , or other dangerous object, including, but not limited to, any facsimile firearm, knife, explosive, or other dangerous object.

(c) A community college district may request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file.

(e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), may take any of the following actions:

(1) Deny enrollment.

(2) Permit enrollment.

(3) Permit conditional enrollment. SEC. 2. 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.


Tab 3

AMENDED IN ASSEMBLY APRIL 15, 2009 - pdf
AMENDED IN ASSEMBLY MAY 04, 2009 - pdf

ASSEMBLY BILL No. 1400


Introduced by Assembly Member Fong

FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

February 27, 2009

An act to add Section 76038 to the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment by any individual who has been expelled from a community college within the preceding 10 years for certain violent offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require a hearing before making the determination as to whether the person continues to pose a risk.

The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill would require any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

(2) 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 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years for any of the violent offenses listed in subdivision (b), the governing board may hold a hearing to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. The determination shall be made pursuant to a hearing conducted in accordance with the requirements of Section 66017.

(b) For purposes of this section, "violent offense" "offense" means one of the following actions:

(1) Committed or attempted to commit murder.

(2) Caused, attempted to cause, 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) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, including, but not limited to, any facsimile firearm, knife, explosive, or other dangerous object , unless, in the case of possession of an object of this type, the individual had obtained permission to possess the item from an authorized employee of the community college dist rict .

(c) A community college district may request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file.

(e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), may take any of the following actions:

(1) Deny enrollment.

(2) Permit enrollment.

(3) Permit conditional enrollment. SEC. 2. 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.

Tab 4

AMENDED IN ASSEMBLY APRIL 15, 2009 - pdf
AMENDED IN ASSEMBLY MAY 04, 2009 - pdf
AMENDED IN ASSEMBLY MAY 18, 2009 - pdf

ASSEMBLY BILL No. 1400


Introduced by Assembly Member Fong

FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

February 27, 2009

An act to add Section 76038 to the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment by any individual who has been expelled from a community college within the preceding 10 years for certain offenses, as provided, if the board determines that the person continues to pose a risk to the safety of others. This bill would require a hearing before making the determination as to whether the person continues to pose a risk.

The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill would require any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

(2) 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 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years for any of the offenses listed in subdivision (b), the governing board may hold a hearing to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. The determination shall be made pursuant to a hearing conducted in accordance with the requirements of Section 66017.

(b) For purposes of this section, "offense" means one of the following actions :

(1) Committed or attempted to commit murder.

(2) Caused, attempted to cause, 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) Possessed Unlawfully possessed , sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, including, but not limited to, any facsimile firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the individual had obtained permission to possess the item from an authorized employee of the community college district. explosive, or other dangerous object.

(c) A community college district may request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file.

(e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), may take any of the following actions:

(1) Deny enrollment.

(2) Permit enrollment.

(3) Permit conditional enrollment. SEC. 2. 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.


Tab 5

AMENDED IN ASSEMBLY APRIL 15, 2009 - pdf
AMENDED IN ASSEMBLY MAY 04, 2009 - pdf
AMENDED IN ASSEMBLY MAY 18, 2009 - pdf
AMENDED IN SENATE JUNE 29, 2009 - pdf

ASSEMBLY BILL No. 1400


Introduced by Assembly Member Fong

FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

February 27, 2009

An act to add Section 76038 to the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1400, as amended, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize the governing board of a district to either deny enrollment, permit enrollment, or permit conditional enrollment by any individual who has been expelled from a community college within the preceding 10 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. This bill would require authorize the board to hold a hearing before making the determination as to whether the person continues to pose a risk. The bill would authorize a gove rning board of a district to delegate its authority under these provisions to the superintendent or president of the district, or to his or her designee.

The bill would expressly apply specified immunities to an exercise of discretion by a community college district, and its officers and employees, under these provisions.

The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill would require any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

(2) 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 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years , or who is undergoing expulsion procedures in another district, for any of the offenses listed in subdivision (b), the governing board may hold a hearing , conducted in accordance with this section and any applicable rules and regulations adopted pursuant to Section 66300, to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. The determination shall be made pursuant to a hearing conducted in accordance with the requirements of Section 66017.

(b) For purposes of this section, "offense" means one of the following:

(1) Committed or attempted to commit murder.

(2) Caused, attempted to cause, 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 from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file.

(e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), may take any of the following actions:

(1) Deny enrollment.

(2) Permit enrollment.

(3) Permit conditional enrollment.

(f) 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, pursuant to rules and regulations adopted pursuant to Section 66300. A student who is denied enrollment under this subdivision may appeal the decision to deny enrollment to the governing board of the community college district.

(g) 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.

(h) 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, in accordance with Sections 815.2 and 820.2 of the Government Code. SEC. 2. 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.


Tab 6

PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
AMENDED IN ASSEMBLY MAY 04, 2009
AMENDED IN ASSEMBLY MAY 18, 2009
AMENDED IN SENATE JUNE 29, 2009

ASSEMBLY BILL No. 1400


Introduced by Assembly Member Fong

FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, as amended, Fong. Community colleges: expulsion: hearing. INTRODUCED BY Assembly Member Fong FEBRUARY 27, 2009 An act to add Section 76038 to the Education Code, relating to community college districts. LEGISLATIVE COUNSEL'S DIGEST AB 1400, Fong. Community colleges: expulsion: hearing.

September 09, 2009

An act to add Section 76038 to the Education Code, relating to community college districts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1400, Fong. Community colleges: expulsion: hearing.

(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 authorizes the governing board of a district to expel a student for good cause when the presence of the student causes a continuing danger to the physical safety of the student or others. Existing law requires that the expulsion be accompanied by a hearing.

This bill would authorize 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 10 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. This bill would authorize the board to hold a hearing before making the determination as to whether the person continues to pose a risk. The bill would authorize a governing board of a district to delegate its authority under these provisions to the superintendent or president of the district, or to his or her designee.

The bill would expressly apply specified immunities to an exercise of discretion by a community college district, and its officers and employees, under these provisions.

The bill would also allow the community college district to request information from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. The bill would require any community college district receiving the request to respond to the request within 5 working days.

By requiring a community college district to respond to the request of another community college for information regarding an expelled student, this bill would create a state-mandated local program.

(2) 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.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 76038 is added to the Education Code, 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 district pursuant to this article within the preceding 10 years, or who is undergoing expulsion procedures in another district, for any of the offenses listed in subdivision (b), the governing board may hold a hearing, conducted in accordance with this section and any applicable rules and regulations adopted pursuant to 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, 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 from another community college district in determining whether the applicant continues to pose a danger to the physical safety of others. Any community college district receiving such a request shall respond no later than five working days from the receipt of the request.

(d) Any student who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) shall inform the district of his or her prior expulsion upon seeking admission. Failure to do so shall be considered by the district in determining whether to grant admission, and a written record of the fact shall be maintained by the district with the applicant's file.

(e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), may take any of the following actions:

(1) Deny enrollment.

(2) Permit enrollment.

(3) Permit conditional enrollment.

(f) 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, pursuant to rules and regulations adopted pursuant to Section 66300. A student who is denied enrollment under this subdivision may appeal the decision to deny enrollment to the governing board of the community college district.

(g) 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.

(h) 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, in accordance with Sections 815.2 and 820.2 of the Government Code. SEC. 2. 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.