California 2011-2012 Regular Session Status: To Executive 1 D cosponsors

AB 288 — Public postsecondary education: community colleges: expulsion hearing.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 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 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2977.).

  4. Assembly Rule 77 suspended. (Page 2964.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2308.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Do pass as amended. (Ayes 9. Noes 0.) (August 25).

  9. In committee: Placed on APPR. suspense file.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 8).

  12. Referred to Com. on ED.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 0. Page 982.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 16. Noes 0.) (April 6).

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 15).

  20. Re-referred to Com. on HIGHER ED.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  22. Referred to Com. on HIGHER ED.

  23. From printer. May be heard in committee March 11.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 288 FONG Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Yamada — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Campos — Yea
Halderman — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Hueso — Yea
Atkins — Yea
Knight — Yea
Carter — Yea
Logue — Yea
Cedillo — Yea
Portantino — Yea
Miller — Yea
Ammiano — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Conway — Yea
Allen — Yea
Eng — Yea
Bonilla — Yea
Feuer — Yea
Fong — Yea
Fletcher — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Beall — Yea
Hall — Yea
Harkey — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Olsen — Yea
Swanson — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Chesbro — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB288 Fong By Hancock

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 1001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Wolk — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Yea
Cannella — Yea
Hernandez — Yea
Kehoe — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Leno — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Pavley — Yea
Walters — Yea
Alquist — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Price — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

AB 288 FONG Consent Calendar Second Day

Passed 60 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 580016
Democratic 2001
Republican 0002
Total 600019
% of votes cast 76%0%0%24%
How each member voted (79)
Member Party Vote
Gordon — Yea
Halderman — Yea
Hill — Yea
Carter — Yea
Cedillo — Yea
Cook — Yea
Davis — Yea
Gatto — Yea
Hagman — Yea
Hayashi — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Blumenfield — Yea
Hueso — Yea
Jeffries — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Torres — Yea
Yamada — Yea
Feuer — Not Voting
Butler — Not Voting
Galgiani — Not Voting
Bonilla — Yea
Atkins — Yea
Garrick — Not Voting
Campos — Yea
Gorell — Not Voting
Hall — Yea
Chesbro — Yea
Knight — Not Voting
Logue — Not Voting
Block — Yea
Conway — Not Voting
Donnelly — Yea
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Morrell — Not Voting
Olsen — Not Voting
Pan — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Not Voting
Ammiano — Yea
Beall — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Huber — Yea
Huffman — Yea
Lara — Yea
Mansoor — Not Voting
Norby — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Wagner — Not Voting
Williams — Not Voting
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Gatto — Yea
Harkey — Yea
Fuentes — Yea
Mitchell — Yea
Hall — Not Voting
Campos — Yea
Lara — Yea
Blumenfield — Yea
Donnelly — Yea
Norby — Yea
Bradford — Yea
Hill — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does AB 288 do?
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 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 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.
Who sponsors AB 288?
AB 288 is sponsored by Fong, Mike (Democratic).
What is the current status of AB 288?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 288?
Track AB 288 free on One Click Politics — get push/email alerts when it moves.

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