LEGISLATIVE COUNSEL'S DIGEST


SB 438, as amended, Yee. Charter schools: freedom of speech and
of the press.
Existing law grants to public school pupils the right to exercise
freedom of speech and of the press, as specified. Existing law
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. 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.
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 from
the laws governing school districts, except for specified provisions.

This bill would make those provisions regarding free speech and
expressive activities applicable to charter schools. By requiring
charter schools to perform additional duties, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.

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Comments/questions on SB 438 (Yee): Charter schools: freedom of speech and of the press.