AB 2081: Postsecondary education: Campus Free Speech Act.

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 the institution 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, 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 institutions 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, 2019, 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.