California 2019-2020 Regular Session Status: In Committee

AB 1358 — Postsecondary education: Campus Free Speech Act.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes the University of California, established under the California Constitution as a public trust under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This bill would establish the Campus Free Speech Act, which would, among other things, require the appropriate governing board or body of each higher education institution, as defined, to develop and adopt a policy on free expression that contains specified components. The act would require that the policy supersede any provisions in the policies and regulations of the institution that restrict speech on campus and are inconsistent with the policy, and would require the appropriate governing board or body of the institution to remove or revise the provisions to ensure compatibility with the policy. The act would require the appropriate governing board or body of each public higher education segment, and authorize other higher education institutions, to establish a Committee on Free Expression, consisting of no less than 5 members and no more than 15 members, as specified. The act would require each committee to report, on or before September 1 of each year, to the governing board or body of the segment or of each institution represented by the committee, the Legislature, and the Governor specified information regarding the status of free expression at the campus, or at each campus of the higher education institution, as applicable. The act would require each higher education institution to include in its freshman orientation programs a section describing to its students the institution's policies and regulations regarding free expression. The act would make a higher education institution with written policies that do not comply with the act as of January 1, 2021, ineligible for any state funding except pursuant to the Cal Grant Program or a successor state-funded student financial aid program. Because the bill would impose new duties on community college districts, this bill would impose a state-mandated local program. The act would apply to educational programs or activities offered by a higher education institution that is controlled by a religious organization only if the application would not be inconsistent with the religious tenets of that organization. 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 the statutory provisions noted above.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Re-referred to Com. on HIGHER ED.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  5. Referred to Coms. on HIGHER ED. and JUD.

  6. Read first time.

  7. From printer. May be heard in committee March 25.

  8. Introduced. To print.

Sponsors

  • Melendez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Melendez

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

civil-rights education
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Frequently asked questions

What does AB 1358 do?
Existing law establishes the University of California, established under the California Constitution as a public trust under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This bill would establish the Campus Free Speech Act, which would, among other things, require the appropriate governing board or body of each higher education institution, as defined, to develop and adopt a policy on free expression that contains specified components. The act would require that the policy supersede any provisions in the policies and regulations of the institution that restrict speech on campus and are inconsistent with the policy, and would require the appropriate governing board or body of the institution to remove or revise the provisions to ensure compatibility with the policy. The act would require the appropriate governing board or body of each public higher education segment, and authorize other higher education institutions, to establish a Committee on Free Expression, consisting of no less than 5 members and no more than 15 members, as specified. The act would require each committee to report, on or before September 1 of each year, to the governing board or body of the segment or of each institution represented by the committee, the Legislature, and the Governor specified information regarding the status of free expression at the campus, or at each campus of the higher education institution, as applicable. The act would require each higher education institution to include in its freshman orientation programs a section describing to its students the institution's policies and regulations regarding free expression. The act would make a higher education institution with written policies that do not comply with the act as of January 1, 2021, ineligible for any state funding except pursuant to the Cal Grant Program or a successor state-funded student financial aid program. Because the bill would impose new duties on community college districts, this bill would impose a state-mandated local program. The act would apply to educational programs or activities offered by a higher education institution that is controlled by a religious organization only if the application would not be inconsistent with the religious tenets of that organization. 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 the statutory provisions noted above.
Who sponsors AB 1358?
AB 1358 is sponsored by Melendez.
What is the current status of AB 1358?
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 AB 1358?
Track AB 1358 free on One Click Politics — get push/email alerts when it moves.

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