Legislation of Interest to Higher Education Institutions: Students

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KMTG is continuing our series reviewing new legislation.  Unless noted otherwise, the new laws take effect January 1, 2013.

Note

To read recent alerts reported on by KMTG that affect k-12 and higher education, please see our Legal Alerts under the Resources tab at www.kmtg.com.  Links have been provided below if a summary has been expanded upon in a previous Legal Alert.

Social Media Privacy - Senate Bill 1349

SB 1349 adds sections 99120, 99121 and 99122.  Section 99120 defines “social media”.  This bill prohibits public and private postsecondary educational institutions from requiring or requesting a student, prospective student, or student group to disclose, access, or divulge personal social media information and would prohibit any postsecondary educational institution from threatening or otherwise penalizing a student, prospective student, or student group for refusing to comply with a request or demand that violates that prohibition.  The bill would require private nonprofit and for-profit postsecondary educational institutions to post their social media privacy policy on each institution’s internet website.

See KMTG Legislative Update: New Laws Prohibit Employers And Colleges From Requesting Social Media Passwords, October 9, 2012 | Bulletin No. 1011597.2

Student Success Act - Senate Bill 1456

SB 1456 amends, amongst other sections, Education code sections 76300 and 78210 et. seq.  The bill revises the Seymour-Campbell Matriculation Act of 1986 to reflect the recommendations of the Student Success Act of 2012.  Specifically, the bill would target matriculation funds for student orientation, assessment, and education planning and require entering students at campuses receiving matriculation funds to participate in those services once approved by the BOG.  The goal of the bill is to increase a student’s access and success in part by assisting students in making an informed decision about his/her academic and career goal and course of study and in development of an education plan.  The bill outlines the responsibilities of both the institution and the student in entering into the matriculation process.  The bill specifies that the BOG establish minimum satisfactory academic standards to retain eligibility for BOG Fee Waivers.

The bill would require the BOG to develop a formula for allocating funding for this program, and, in the 2012-13 FY and each fiscal year thereafter, the act would be operative only if funds are specifically appropriated for its purposes.

The Legislative Analyst's Office (“LAO”) is required to review and report to the appropriate fiscal and policy committees of the Legislature by July 1, 2014 and even-numbered years thereafter on matters to which these provisions are implemented and the extent of available counseling and advising services; overall progress on implementation of the Student Success Task Force’s recommendations; impacts on student participation, progress and completion by ethnicity, age gender disability and socioeconomic status; and a summary of college implementation efforts and recommendations for improvement.

Expulsion/Enrollment - Assembly Bill 2171

AB 2171 adds Education code section 76038.  This bill authorizes governing boards of community college districts to require a student seeking enrollment to disclose any previous expulsion from another California community college.  Governing boards are authorized to deny enrollment, permit enrollment, or permit conditional enrollment to a student who has been expelled, or is undergoing expulsion procedures in another community college for specified offenses within the preceding five years. 

Districts have the authority to request information from another community college (or release information to another community college) to determine whether a student seeking enrollment continues to pose a danger to others. 

School Attendance: Early and Middle College High Schools - SB 1316

SB 1316 amends Education code sections 46141 and adds 46146.5.  This bill would exempt certain early college high school or middle college high school pupils from the 240-minute minimum school day.  The bill would instead provide that a day of attendance for an early college high school pupil or middle college high school pupil is 180 minutes if the pupil is either  (a) a special part-time student enrolled in a community college for which academic credit will be provided upon satisfactory completion of enrolled courses or (b) the pupil is in grades 11 and 12 and is also enrolled part time in classes of the California State University or the University of California for which academic credit will be provided.  A day of attendance for a pupil enrolled in an early college high school or middle college high school who does not satisfy either of these requirements is 240 minutes of attendance.  The bill makes findings and declarations regarding the purpose and key elements of early college high schools and the students they are designed to serve.

Questions

If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.

Arturo E. Ocampo | 916.321.4500