BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 438|
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THIRD READING
Bill No: SB 438
Author: Yee (D)
Amended: 1/14/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 1/12/10
AYES: Corbett, Harman, Hancock, Leno, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Charter schools: freedom of speech and the
press
SOURCE : California Newspaper Publishers Association
DIGEST : This bill clarifies that provisions regarding
freedom of speech and expressive activities in schools
apply to the state's charter schools.
ANALYSIS :
Existing Law
1.Grants to public school pupils the right to exercise
freedom of speech and of the press. (Education Code
Section 48907.)
2.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
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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. (Education Code Section
48950.)
3.Requires each governing board of a school district and
each county board of education to adopt rules and
regulations in the form of a written publications code
that includes reasonable provisions for the time, place,
and manner for conducting expressive activities within
the agency's jurisdiction. (Education Code Section
48907.)
Existing law, the Charter Schools Act of 1992, requires a
charter school to comply with the act and all of the
provisions of the school's charter, but provides that a
charter school is otherwise exempt form the laws governing
school districts, except for specified provisions .
(Education Code Section 47610.)
This bill makes provisions regarding free speech and
expressive activities applicable to charter schools.
This bill states that it is the intent of the Legislature
in enacting this act to construe and clarify the meaning
and effect of existing law with respect to the right of
pupil expression.
Background
In 1969, the United States Supreme Court recognized
students' free speech rights for the first time in its
landmark ruling, Tinker v. Des Moines School District
(1969) 393 U.S. 503. In the years following this decision,
California became the first state in the nation to enact a
statutory scheme that protected the free speech rights of
students. These protections were codified in Education
Code Section 10611, and were subsequently replaced by
Section 48907. In 1992, the Legislature enacted Sections
48950 and 66301, which further strengthened the free speech
rights of students of the state's high schools, and public
colleges and universities. Relying on this statutory
authority, California courts have repeatedly found that
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students in California's schools enjoy broader free speech
protection than is generally provided under the First
Amendment of the United States Constitution.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 1/19/10)
California Newspaper Publisher's Association (source)
American Civil Liberties Union
Journalism Education Association of Northern California
California Scholastic Journalism Initiative
National High School Journalism Teacher of the Year, Paul
Kandell
ARGUMENTS IN SUPPORT : According to the author's office,
"Senate Bill 438 simply clarifies that charter schools must
adhere to existing laws that protect student expression on
campus, and protects both students and teachers for
exercising their rights.
"More specifically, this bill adds 'charter schools' to the
Education Code Sections 48907 relating to student freedom
of the press, making it explicitly clear that all schools,
including charter schools, must grant all students the
liberty of expression including freedom of press without
prior retrain or censorship.
"It also adds 'charter schools' to section 48950 which
would protect journalism students, advisors and other
school employees from administrative disciplinary action on
the basis of freedom of expression."
RJG:cm 1/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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