SB 438 California Senate · 2009-2010 Regular Session

Charter schools: freedom of speech and of the press.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Feb 2009
Committee Review
Jun 2010
Senate Passage
Jan 2010
Assembly Passage
Aug 2010
Signed into Law
Aug 2010
Introduced Feb 26, 2009 Signed Aug 18, 2010
Floor votes · Senate Jan 25, 2010 · Assembly Aug 2, 2010

How they voted

31–0
Passed · 8 other
Total votes 39
Jan 25, 2010
D Democratic25
23 Yea 2
92% Yea
R Republican14
8 Yea 6
57% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
10
Committee
10
Amendments
2
Aug 18, 2010
Signed into law
Approved by Governor.
legislature
Aug 2, 2010
Assembly · Passed
Assembly Vote: pass (48-17-8)
assembly
Jun 30, 2010
Lower · Passed
(Heard in committee on June 30).
lower
Jun 30, 2010
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 4.)
lower
Jun 15, 2010
Lower · Passed
(Heard in committee on June 15.)
lower
Jun 15, 2010
Committee
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.
lower
Jan 25, 2010
Senate · Passed
Senate Vote: pass (31-0-8)
senate
Jan 19, 2010
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Jan 14, 2010
Committee
Read second time. Amended. Re-referred to Com. on APPR.
upper
Jan 13, 2010
Upper · Passed
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 2655.)
upper
Jan 7, 2010
Committee
Re-referred to Com. on JUD.
upper
Jan 4, 2010
Committee
Re-referred to Com. on RLS.
upper
May 28, 2009
Upper · Passed
Set, first hearing. Held in committee and under submission.
upper
May 6, 2009
Committee
Read second time. Amended. Re-referred to Com. on APPR.
upper
May 5, 2009
Upper · Passed
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 730.)
upper
Feb 26, 2009
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Leland Yee
Leland Yee
DDemocratic
CA
8