Bill Text: CA AB1212 | 2015-2016 | Regular Session | Introduced
Bill Title: Postsecondary education: Student Freedom of Association
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1212 Detail]
Download: California-2015-AB1212-Introduced.html
BILL NUMBER: AB 1212 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Grove
FEBRUARY 27, 2015
An act to add Chapter 5.3 (commencing with Section 66330) to Part
40 of Division 5 of Title 3 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
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:
SECTION 1. Chapter 5.3 (commencing with Section 66330) is added to
Part 40 of Division 5 of Title 3 of the Education Code, to read:
CHAPTER 5.3. STUDENT FREEDOM OF ASSOCIATION ACT
66330. This chapter shall be known, and may be cited, as the
Student Freedom of Association Act.
66331. (a) Notwithstanding Section 67400, in order to receive
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
shall adopt a policy prohibiting their respective campuses from
discriminating against a student organization with respect to a
benefit available to any other student organization, based on that
organization's requirement that its leaders or voting members satisfy
either of following:
(1) Adhere to the organization's viewpoints or sincerely held
beliefs.
(2) Be committed to furthering the organization's beliefs,
mission, or standards of conduct.
(b) A student or a student organization aggrieved by a 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) For purposes of this chapter:
(1) "Benefit" includes, but is not limited to, all of the
following:
(A) Recognition.
(B) Registration.
(C) The use of campus facilities for meetings or speaking purposes
that are otherwise available to other campus student organizations.
(D) The use of channels of communication of the campus that are
otherwise available to other campus student organizations.
(E) Funding sources that are otherwise available to other campus
student organizations.
(2) "Public institution of higher learning" includes any state
postsecondary educational institution governed or supervised by any
of the following:
(A) The Board of Regents of the University of California.
(B) The Trustees of the California State University.
(C) The governing board of a community college district.
(3) "Student" means a person who is enrolled full-time or
part-time in a public institution of higher learning.
(4) "Student organization" means an association of students
organized around shared missions, interests, beliefs, or education
goals.
(d) This section shall not apply to any private institution of
higher learning.
SEC. 2. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
