Bill Text: CA SB438 | 2009-2010 | Regular Session | Amended

California Senate Bill 438 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Charter schools: freedom of speech and of the press.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-08-18 - Chaptered by Secretary of State. Chapter 142, Statutes of 2010. [SB438 Detail]

Download: California-2009-SB438-Amended.html

BILL NUMBER: SB 438	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 16, 2009
	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 26, 2009

    An act to add Section 14011.61 to the Welfare and
Institutions Code, relating to Med-Cal.   An act to
amend Sections 48907 and 48950 of the Education Code, relating to
education. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 438, as amended, Yee.  Medi-Cal.   Charter
schools: freedom of speech and of the press.  
   Existing law establishes the Medi-Cal program administered by the
State Department of Health Care Services and county welfare
departments under which qualified low-come persons are provided with
health care services.  
   Under existing law, the State Department of Health Care Services
is required, to the extent federal financial participation is
available and subject to federal approval of any necessary state plan
amendments, to exercise an option under federal law to implement a
program for accelerated enrollment of children in the Medi-Cal
program.  
   This bill would also require the department, to the extent federal
financial participation is available and subject to approval of any
necessary state plan amendments, to exercise an option under federal
law to implement a program for accelerated enrollment of children and
pregnant women in the Medi-Cal program and would make each county
welfare department a qualified entity for determining eligibility for
Medi-Cal benefits for those children and pregnant women. If the
county determines that the child is eligible for the Medi-Cal program
with a share of cost, the county would be required to enroll the
child in the Medi-Cal program and forward the application to the
Managed Risk Medical Insurance Board for an evaluation of the child's
eligibility for the Healthy Families Program. Because the bill would
impose additional duties on those county departments, the bill would
impose a state-mandated local program.  
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 48907 of the  
Education Code   is amended to read: 
   48907.  (a) Pupils of the public schools  , including charter
schools,  shall have the right to exercise freedom of speech and
of the press including, but not limited to, the use of bulletin
boards, the distribution of printed materials or petitions, the
wearing of buttons, badges, and other insignia, and the right of
expression in official publications, whether or not the publications
or other means of expression are supported financially by the school
or by use of school facilities, except that expression shall be
prohibited which is obscene, libelous, or slanderous. Also prohibited
shall be material that so incites pupils as to create a clear and
present danger of the commission of unlawful acts on school premises
or the violation of lawful school regulations, or the substantial
disruption of the orderly operation of the school.
   (b)  Each   The  governing board  or
body  of  a   each  school district
 or charter school  and each county board of education shall
adopt rules and regulations in the form of a written publications
code, which shall include reasonable provisions for the time, place,
and manner of conducting such activities within its respective
jurisdiction.
   (c) Pupil editors of official school publications shall be
responsible for assigning and editing the news, editorial, and
feature content of their publications subject to the limitations of
this section. However, it shall be the responsibility of a journalism
adviser or advisers of pupil publications within each school to
supervise the production of the pupil staff, to maintain professional
standards of English and journalism, and to maintain the provisions
of this section.
   (d) There shall be no prior restraint of material prepared for
official school publications except insofar as it violates this
section. School officials shall have the burden of showing
justification without undue delay prior to a limitation of pupil
expression under this section.
   (e) "Official school publications" refers to material produced by
pupils in the journalism, newspaper, yearbook, or writing classes and
distributed to the student body either free or for a fee.
   (f) This section does not prohibit or prevent the governing board
 or body  of a school district  or charter school 
from adopting otherwise valid rules and regulations relating to oral
communication by pupils upon the premises of each school.
   (g) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a pupil engaged in the conduct authorized under
this section, or refusing to infringe upon conduct that is protected
by this section, the First Amendment to the United States
Constitution, or Section 2 of Article I of the California
Constitution.
   SEC. 2.    Section 48950 of the   Education
Code   is amended to read: 
   48950.  (a)  School districts   A school
district  operating one or more high schools  and
  , a charter school, or a  private secondary
 schools   school  shall not make or
enforce a rule subjecting a high school pupil to disciplinary
sanctions solely on the basis of conduct that is speech or other
communication that, when engaged in outside of the campus, is
protected from governmental restriction by the First Amendment to the
United States Constitution or Section 2 of Article I of the
California Constitution.
   (b) A pupil who is enrolled in a school at the time that the
school has made or enforced a rule in 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) This section does not apply to a private secondary school that
is controlled by a religious organization, to the extent that the
application of this section would not be consistent with the
religious tenets of the organization.
   (d) This section does not prohibit the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (e) This section does not supersede, or otherwise limit or modify,
the provisions of Section 48907.
   (f) The Legislature finds and declares that free speech rights are
subject to reasonable time, place, and manner regulations.
   (g) An employee shall not be dismissed, suspended, disciplined,
reassigned, transferred, or otherwise retaliated against solely for
acting to protect a pupil engaged in conduct authorized under this
section, or refusing to infringe upon conduct that is protected by
this section, the First Amendment to the United States Constitution,
or Section 2 of Article I of the California Constitution. 
  SECTION 1.    Section 14011.61 is added to the
Welfare and Institutions Code, to read:
   14011.61.  (a) To the extent federal financial participation is
available, the department shall exercise the option provided in
Section 1920a of the federal Social Security Act (42 U.S.C. Sec.
1396r-1a) to implement a program for accelerated enrollment of
children and pregnant women.
   (b) The department shall designate each county welfare department
as a qualified entity for determining eligibility under this section.

   (c) The department shall implement this section only if, and to
the extent that, federal financial participation is available.
   (d) The department shall seek federal approval of any state plan
amendments necessary to implement this section. When federal approval
of the state plan amendment or amendments is received, the
department shall commence implementation of this section on the first
day of the second month following the month in which federal
approval of the state plan amendment or amendments is received, or on
July 1, 2010, whichever is later.
   (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall, without taking any regulatory action, implement
this section by means of all-county letters. Thereafter, the
department shall adopt regulations in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (f) Upon the receipt of an application for a child directly from
the parent or another source on behalf of the child, or for a
pregnant woman directly from the pregnant woman or another source on
behalf of the pregnant woman, the county shall determine whether the
child or pregnant woman appears eligible for Medi-Cal benefits and,
if so, grant accelerated enrollment to the child or pregnant woman.
Upon the granting of accelerated enrollment for a child or pregnant
woman, the county shall determine whether the child or pregnant woman
is eligible for Medi-Cal benefits. If the county determines that the
child or pregnant woman does not meet the eligibility requirements
for participation in the Medi-Cal program, the county shall report
this finding to the Medical Eligibility Data System so that
accelerated enrollment coverage benefits are discontinued. If the
county determines that the child is eligible for the Medi-Cal program
with a share of cost, the county shall enroll the child in the
Medi-Cal program and forward the application to the Managed Risk
Medical Insurance Board for an evaluation of the child's eligibility
for the Healthy Families Program. 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.