Bill Text: CA AB2171 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public postsecondary education: community colleges:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-21 - Chaptered by Secretary of State - Chapter 426, Statutes of 2012. [AB2171 Detail]

Download: California-2011-AB2171-Amended.html

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BILL NUMBER: AB 2171	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2012

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 23, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2171, as amended, Fong. Public postsecondary education:
community colleges: expulsion hearing.
   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 5 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 the
board or a delegate to hold a hearing, before taking action to deny
enrollment or permit conditional enrollment, to determine 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   also would
authorize  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.  The bill would authorize a community college district to
require these applicants to inform the district of his or her prior
expulsion, and to consider failure to do so in determining whether to
grant admission.  
   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. 
   By requiring a community college district to hold a hearing and 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 five years, or who is undergoing expulsion procedures
in another district, for any of the offenses listed in subdivision
(b), before taking action to deny enrollment or permit conditional
enrollment as authorized by subdivision (e), the governing board or
delegate pursuant to subdivision (f) shall hold a hearing, conducted
in accordance with this section and the applicable rules and
regulations  of  governing enrollment hearings
authorized by this section and adopted in accordance with 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 serious, 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   A community college district may
require a  student  seeking admission  who has been
previously expelled from a community college in the state for any of
the actions listed in subdivision (b)  shall  
to  inform the district  in which he or she is seeking
admission  of his or her prior expulsion. Failure to do so
may be considered by the district in determining whether to grant
admission, and a written record of the fact may 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), shall take into
consideration evidence of subsequent offenses and rehabilitative
efforts since the offense and 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, or
a threat assessment crisis response team pursuant to rules and
regulations adopted pursuant to Section 66300.
   (g) Before the governing board of a community college district
takes action as authorized under this section, the governing board
shall establish a formal appeals process for students denied
enrollment to appeal the decision to the governing board. A student
who is denied enrollment under subdivision (e) may appeal the
decision to deny enrollment to the governing board of the community
college district.
   (h) 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.
   (i) In accordance with Sections 815.2 and 820.2 of the Government
Code, 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 when a hearing is not required.
  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.