BILL ANALYSIS
SB 438
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Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 438 (Yee) - As Amended: January 14, 2010
Policy Committee: Judiciary
Vote:10-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill clarifies that pupils enrolled in charter schools have
the same free speech protections as pupils enrolled in other
public schools.
FISCAL EFFECT
Minor absorbable GF/98 costs to charter schools to comply with
this measure. According to a May 2006 decision by the
Commission on State Mandates (CSM), charter schools are not
eligible to claim mandate reimbursements. In denying charter
schools' mandate claims, the CSM repeatedly cites the fact that
charter schools are "voluntarily" created.
COMMENTS
1)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 Dist. (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 1992, the Legislature enacted statute that 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 students in California's schools enjoy broader free
speech protection than is generally provided under the First
Amendment of the United States Constitution.
SB 438
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2)Purpose . Current law states pupils in public schools have the
right to exercise freedom of speech and of the press, as
specified. Statute also requires the governing board of a
school district and each county board of education to adopt
rules and regulations specifying reasonable provisions for the
time, place, and manner of conducting free speech activities.
The author contends this bill 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.
3)Charter schools . Current statute establishes a charter school
as a public school that provides instruction in any of grades
K-12. It is usually created or organized by a group of
teachers, parents and community leaders or a community-based
organization. A charter school may be authorized by an
existing local public school board, county board of education,
or the State Board of Education (SBE).
As of March 2010, there are 870 active and pending charter
schools. Fifty-one of these schools have a status of
"pending" because they have been locally approved and numbered
by the SBE, but the state has been advised that funding will
not be claimed for these schools until the 2010-11 school
year. Of the 870 charter schools, 25 currently operate based
on SBE approval.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081