SB 1388

Bill Subjects

Abstract

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 Forming Open and Robust University Minds (FORUM) Act, which would require the Board of Governors of the California Community Colleges and the Trustees of the California State University to, and would encourage the Regents of the University of California to, develop and adopt a policy on free expression that contains specified statements. The bill would require that the outdoor areas of a public institution of higher education be deemed traditional public forums, subject to certain exceptions, and would require that a person who wishes to engage in noncommercial expressive activity in the outdoor areas of a public institution of higher education be permitted to do so freely, as long as the person's conduct is not unlawful and does not materially and substantially disrupt the functioning of the public institution of higher education. The bill would require a public institution of higher education to publicly post on its Internet Web site and submit to the Governor and Legislature an annual report that details the course of action being taken in order to comply with the requirements of the act. The bill would impose other requirements and restrictions on a public institution of higher education, relating to free expression on campus. By imposing new duties on a campus of the California Community Colleges, the bill would impose a state-mandated local program. The bill would authorize a person or student association aggrieved by a violation of the act to bring an action against the public institution of higher education and any other persons responsible for the violation not later than one year after the day the cause of action accrues. The bill would provide that the state waives immunity under the 11th Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of the act, and would provide that a public institution of higher education that violates the act is not immune from suit or liability for the violation. The bill would provide that, if any provision of the act or any application of a provision of the act to any person or circumstance is held to be unconstitutional, the remainder of the act and the application of the provision to any other person or circumstance shall not be affected. 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.