Bill Text: CA SB1400 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 1400 (Prior Session Legislation)

Bill Title: Community colleges: protective orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-25 - Chaptered by Secretary of State. Chapter 278, Statutes of 2014. [SB1400 Detail]

Download: California-2013-SB1400-Chaptered.html

BILL NUMBER: SB 1400	CHAPTERED
	BILL TEXT

	CHAPTER  278
	FILED WITH SECRETARY OF STATE  AUGUST 25, 2014
	APPROVED BY GOVERNOR  AUGUST 25, 2014
	PASSED THE SENATE  MAY 27, 2014
	PASSED THE ASSEMBLY  AUGUST 11, 2014
	AMENDED IN SENATE  MAY 15, 2014
	AMENDED IN SENATE  MAY 7, 2014
	AMENDED IN SENATE  APRIL 28, 2014

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, Hancock. Community colleges: protective orders.
   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
order, requested by a community college district, to protect 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 district may require
the student to apply for reinstatement after the expiration of that
order. 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. 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 reinstatement, permit
reinstatement, or permit conditional reinstatement, as specified.


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 law, if good cause for the
issuance of an order, requested by a community college district, to
protect 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, the community college district may require the
student to apply for reinstatement after the expiration of that
order. If the district requires the student to apply for
reinstatement, it shall do so before the expiration of the protective
order. If a student 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 reinstatement.
   (B) Permit reinstatement.
   (C) Permit conditional reinstatement, and specify the conditions
under which reinstatement will be permitted.