California 2009-2010 Regular Session Status: To Executive

SB 438 — Charter schools: freedom of speech and of the press.

Last action — Chaptered by Secretary of State. Chapter 142, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. Chaptered by Secretary of State. Chapter 142, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 9:30 a.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 52. Noes 19. Page 6010.) To Senate.

  6. Read second time. To third reading.

  7. (Heard in committee on June 30).

  8. From committee: Do pass. (Ayes 13. Noes 4.)

  9. (Heard in committee on June 15.)

  10. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.

  11. To Com. on JUD.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 31. Noes 0. Page 2704.) To Assembly.

  14. Read second time. To third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  16. Read second time. Amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 2655.)

  18. Set for hearing January 12.

  19. Re-referred to Com. on JUD.

  20. Re-referred to Com. on RLS.

  21. Withdrawn from committee.

  22. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  23. Set, first hearing. Held in committee and under submission.

  24. (Suspense - for vote only.)

  25. Set for hearing May 28.

  26. Placed on APPR suspense file.

  27. Set for hearing May 18.

  28. Read second time. Amended. Re-referred to Com. on APPR.

  29. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 730.)

  30. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  31. Set for hearing April 29.

  32. Set, second hearing. Hearing canceled at the request of author.

  33. Set for hearing April 22.

  34. Set, first hearing. Hearing canceled at the request of author.

  35. Set for hearing April 15.

  36. To Com. on HEALTH.

  37. From print. May be acted upon on or after March 28.

  38. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Yee

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 438 Yee Senate Third Reading By EVANS

Passed 61 Yea · 22 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 592006
Democratic 1002
Republican 1200
Total 612208
% of votes cast 67%24%0%9%
How each member voted (91)
Member Party Vote
Carter — Yea
Evans — Yea
Chesbro — Yea
Coto — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Fletcher — Yea
Fong — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Cook — Not Voting
Bill — Nay
Tom — Nay
Fuller — Nay
Furutani — Yea
Audra — Nay
Garrick — Not Voting
Gilmore — Nay
Hagman — Not Voting
Bass — Not Voting
Blakeslee — Nay
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Jeffries — Nay
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Logue — Nay
Ma — Yea
Nestande — Not Voting
Nielsen — Nay
Silva — Nay
Solorio — Not Voting
Torres — Yea
Villines — Nay
Conway — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14400
Democratic 1000
Total 15400
% of votes cast 79%21%0%0%
How each member voted (19)
Member Party Vote
Conway — Nay
Charles — Yea
Gatto — Yea
Hall — Yea
De — Yea
Leon — Yea
Harkey — Nay
Coto — Yea
Davis — Yea
Norby — Yea
Torlakson — Yea
Bradford — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torrico — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

SENATE 3RD READING SB438 YEE

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29008
Democratic 2000
Republican 1000
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wyland — Not Voting
Runner — Not Voting
Florez — Not Voting
Huff — Not Voting
Aanestad — Yea
Alquist — Not Voting
Harman — Not Voting
Hollingsworth — Not Voting
Maldonado — Not Voting
Romero — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Leno — Yea
Oropeza — Yea
Corbett — Yea
Wolk — Yea
Kehoe — Yea
Walters — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

Subjects

civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 438 do?
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.
Who sponsors SB 438?
SB 438 is sponsored by Yee.
What is the current status of SB 438?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 438?
Track SB 438 free on One Click Politics — get push/email alerts when it moves.

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