AB 1212, as introduced, Grove. Postsecondary education: Student Freedom of Association Act.
Under existing law, the segments of postsecondary education in this state include the University of California, the California State University, the California Community Colleges, private postsecondary educational institutions, and independent institutions of higher education. 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.
This bill would require, as a condition of receiving state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, and the Board of Regents of the University of California to adopt a policy prohibiting their respective campuses from discriminating against a student organization, as specified, for imposing certain requirements on its leaders or voting members. The bill would authorize a student or a student organization aggrieved by a violation of these provisions to commence a civil action to obtain appropriate injunctive and declaratory relief as determined by a court. The bill would also authorize a court to award attorney’s fees to a prevailing plaintiff in a civil action pursuant to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 5.3 (commencing with Section 66330)
2is added to Part 40 of Division 5 of Title 3 of the Education Code,
3to read:
4
This chapter shall be known, and may be cited, as the
8Student Freedom of Association Act.
(a) Notwithstanding Section 67400, in order to receive
10state funds for student financial assistance, the governing board
11of each community college district, the Trustees of the California
12State University, and the Board of Regents of the University of
13California shall adopt a policy prohibiting their respective
14campuses from discriminating against a student organization with
15respect to a benefit available to any other student organization,
16based on that organization’s requirement that its leaders or voting
17members satisfy either of following:
18(1) Adhere to the organization’s viewpoints or sincerely held
19beliefs.
20(2) Be committed to furthering the organization’s beliefs,
21mission,
or standards of conduct.
22(b) A student or a student organization aggrieved by a violation
23of subdivision (a) may commence a civil action to obtain
24appropriate injunctive and declaratory relief as determined by the
25court. Upon motion, a court may award attorney’s fees to a
26prevailing plaintiff in a civil action pursuant to this section.
27(c) For purposes of this chapter:
28(1) “Benefit” includes, but is not limited to, all of the following:
29(A) Recognition.
30(B) Registration.
P3 1(C) The use of campus facilities for meetings or speaking
2purposes that are otherwise available to other campus student
3organizations.
4(D) The use of channels of communication of the campus that
5are otherwise available to other campus student organizations.
6(E) Funding sources that are otherwise available to other campus
7student organizations.
8(2) “Public institution of higher learning” includes any state
9postsecondary educational institution governed or supervised by
10any of the following:
11(A) The Board of Regents of the University of California.
12(B) The Trustees of the California State University.
13(C) The governing board of a community college district.
14(3) “Student” means a person who is
enrolled full-time or
15part-time in a public institution of higher learning.
16(4) “Student organization” means an association of students
17organized around shared missions, interests, beliefs, or education
18goals.
19(d) This section shall not apply to any private institution of
20higher learning.
The provisions of this chapter are severable. If any
22provision of this chapter or its application is held invalid, that
23invalidity shall not affect other provisions or applications that can
24be given effect without the invalid provision or application.
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