BILL NUMBER: SB 1370	CHAPTERED
	BILL TEXT

	CHAPTER  525
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 5, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN ASSEMBLY  JUNE 30, 2008
	AMENDED IN ASSEMBLY  JUNE 2, 2008
	AMENDED IN ASSEMBLY  MAY 19, 2008
	AMENDED IN ASSEMBLY  MAY 13, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Yee
   (Coauthors: Senators Kuehl and Romero)
   (Coauthors: Assembly Members Brownley and Portantino)

                        FEBRUARY 21, 2008

   An act to amend Sections 48907, 48950, 66301, and 94367 of the
Education Code, relating to education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1370, Yee. Education: freedom of speech and of the press.
   (1) Existing law grants to public school pupils the right to
exercise freedom of speech and of the press, as specified. Existing
law also prohibits school districts operating one or more high
schools and private secondary schools from making or enforcing a rule
that subjects a high school pupil to disciplinary sanctions solely
on the basis of conduct that is speech or other communication that is
protected by specified provisions of the United States Constitution
and the California Constitution. A pupil enrolled in a school that
has made or enforced a rule in violation of this prohibition is
authorized to commence a civil action for injunctive and declaratory
relief.
   This bill would specify that the authority to commence a civil
action applies to a pupil who is enrolled at the time the secondary
educational institution made or enforced a rule in violation of the
prohibition. The bill also would prohibit an employee from being
dismissed, suspended, disciplined, reassigned, transferred, or
otherwise retaliated against solely for acting to protect a pupil
engaged in conduct authorized by a specified provision of state law
or refusing to infringe upon conduct that is protected pursuant to
state law or those constitutional provisions.
   (2) Existing law prohibits the Regents of the University of
California, the Trustees of the California State University, and the
governing board of a community college district from making or
enforcing a rule subjecting a student to disciplinary sanction solely
on the basis of conduct that is speech or other communication that
is protected by specified provisions of the United States
Constitution and the California Constitution. A student enrolled in
an institution that has made or enforced a rule in violation of this
prohibition is authorized to commence a civil action for injunctive
and declaratory relief.
   This bill would specify that the authority to commence a civil
action applies to a student who is enrolled at the time the community
college or university made or enforced a rule in violation of the
prohibition. The bill also would prohibit an employee from being
dismissed, suspended, disciplined, reassigned, transferred, or
otherwise retaliated against solely for acting to protect a student
engaged in conduct authorized by a specified provision of state law
or refusing to infringe upon conduct that is protected pursuant to
state law or those constitutional provisions.
   (3) Existing law also prohibits a private postsecondary
educational institution from making or enforcing a rule that subjects
a student to disciplinary sanctions solely on the basis of conduct
that is speech or other communication that is protected by specified
provisions of the United States Constitution or the California
Constitution and authorizes a student enrolled in an institution that
has made or enforced a rule in violation of this prohibition to
commence a civil action.
   This bill would specify that the authority to commence a civil
action applies to a student who is enrolled at the time the
institution made or enforced a rule in violation of the prohibition.




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

  SECTION 1.  It is the intent of the Legislature that nothing in
Section 48907 or 48950 of the Education Code shall be construed to
diminish a district's ability to take actions authorized by current
law in order to maintain instruction that is consistent with the
statewide academic standards defined in Article 2 (commencing with
Section 60604) of Chapter 5 of Part 33 of Division 4 of Title 2 of
the Education Code.
  SEC. 2.  Section 48907 of the Education Code is amended to read:
   48907.  (a) Pupils of the public schools shall have the right to
exercise freedom of speech and of the press including, but not
limited to, the use of bulletin boards, the distribution of printed
materials or petitions, the wearing of buttons, badges, and other
insignia, and the right of expression in official publications,
whether or not the publications or other means of expression are
supported financially by the school or by use of school facilities,
except that expression shall be prohibited which is obscene,
libelous, or slanderous. Also prohibited shall be material that so
incites pupils as to create a clear and present danger of the
commission of unlawful acts on school premises or the violation of
lawful school regulations, or the substantial disruption of the
orderly operation of the school.
   (b) Each governing board of a school district and each county
board of education shall adopt rules and regulations in the form of a
written publications code, which shall include reasonable provisions
for the time, place, and manner of conducting such activities within
its respective jurisdiction.
   (c) Pupil editors of official school publications shall be
responsible for assigning and editing the news, editorial, and
feature content of their publications subject to the limitations of
this section. However, it shall be the responsibility of a journalism
adviser or advisers of pupil publications within each school to
supervise the production of the pupil staff, to maintain professional
standards of English and journalism, and to maintain the provisions
of this section.
   (d) There shall be no prior restraint of material prepared for
official school publications except insofar as it violates this
section. School officials shall have the burden of showing
justification without undue delay prior to a limitation of pupil
expression under this section.
   (e) "Official school publications" refers to material produced by
pupils in the journalism, newspaper, yearbook, or writing classes and
distributed to the student body either free or for a fee.
   (f) This section does not prohibit or prevent the governing board
of a school district from adopting otherwise valid rules and
regulations relating to oral communication by pupils upon the
premises of each school.
   (g) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a pupil engaged in the conduct authorized under
this section, or refusing to infringe upon conduct that is protected
by this section, the First Amendment to the United States
Constitution, or Section 2 of Article I of the California
Constitution.
  SEC. 3.  Section 48950 of the Education Code is amended to read:
   48950.  (a) School districts operating one or more high schools
and private secondary schools shall not make or enforce a rule
subjecting a high school pupil to disciplinary sanctions solely on
the basis of conduct that is speech or other communication that, when
engaged in outside of the campus, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article I of the California Constitution.
   (b) A pupil who is enrolled in a school at the time that the
school has made or enforced a rule in violation of subdivision (a)
may commence a civil action to obtain appropriate injunctive and
declaratory relief as determined by the court. Upon motion, a court
may award attorney's fees to a prevailing plaintiff in a civil action
pursuant to this section.
   (c) This section does not apply to a private secondary school that
is controlled by a religious organization, to the extent that the
application of this section would not be consistent with the
religious tenets of the organization.
   (d) This section does not prohibit the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (e) This section does not supersede, or otherwise limit or modify,
the provisions of Section 48907.
   (f) The Legislature finds and declares that free speech rights are
subject to reasonable time, place, and manner regulations.
   (g) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a pupil engaged in conduct authorized under this
section, or refusing to infringe upon conduct that is protected by
this section, the First Amendment to the United States Constitution,
or Section 2 of Article I of the California Constitution.
  SEC. 4.  Section 66301 of the Education Code is amended to read:
   66301.  (a) Neither the Regents of the University of California,
the Trustees of the California State University, the governing board
of a community college district, nor an administrator of any campus
of those institutions, shall make or enforce a rule subjecting a
student to disciplinary sanction solely on the basis of conduct that
is speech or other communication that, when engaged in outside a
campus of those institutions, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article I of the California Constitution.
   (b) A student enrolled in an institution, as specified in
subdivision (a), at the time that the institution has made or
enforced a rule in violation of subdivision (a) may commence a civil
action to obtain appropriate injunctive and declaratory relief as
determined by the court. Upon a motion, a court may award attorney's
fees to a prevailing plaintiff in a civil action pursuant to this
section.
   (c) This section does not authorize a prior restraint of student
speech or the student press.
   (d) This section does not prohibit the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (e) This section does not prohibit an institution from adopting
rules and regulations that are designed to prevent hate violence, as
defined in subdivision (a) of Section 4 of Chapter 1363 of the
Statutes of 1992, from being directed at students in a manner that
denies them their full participation in the educational process, if
the rules and regulations conform to standards established by the
First Amendment to the United States Constitution and Section 2 of
Article I of the California Constitution for citizens generally.
   (f) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a student engaged in conduct authorized under this
section, or refusing to infringe upon conduct that is protected by
this section, the First Amendment to the United States Constitution,
or Section 2 of Article I of the California Constitution.
  SEC. 5.  Section 94367 of the Education Code is amended to read:
   94367.  (a) No private postsecondary educational institution shall
make or enforce a rule subjecting a student to disciplinary
sanctions solely on the basis of conduct that is speech or other
communication that, when engaged in outside the campus or facility of
a private postsecondary institution, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article I of the California Constitution.
   (b) A student enrolled in a private postsecondary institution at
the time that the institution has made or enforced any rule in
violation of subdivision (a) may commence a civil action to obtain
appropriate injunctive and declaratory relief as determined by the
court. Upon motion, a court may award attorney's fees to a prevailing
plaintiff in a civil action pursuant to this section.
   (c) This section does not apply to a private postsecondary
educational institution that is controlled by a religious
organization, to the extent that the application of this section
would not be consistent with the religious tenets of the
organization.
   (d) This section does not authorize the prior restraint of student
speech.
   (e) This section does not prohibit the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (f) This section does not prohibit an institution from adopting
rules and regulations that are designed to prevent hate violence, as
defined in subdivision (a) of Section 4 of Chapter 1363 of the
Statutes of 1992, from being directed at students in a manner that
denies them their full participation in the educational process, so
long as the rules and regulations conform to standards established by
the First Amendment to the United States Constitution and Section 2
of Article I of the California Constitution for citizens generally.