Senate protects charter school students' free speech

State Senator Leland Yee

Today, the California Senate unanimously apporoved legislation to ensure that charter schools adhere to state law protecting free speech rights of all students. 

In 2006, Senator Leland Yee (D-San Francisco) passed legislation that prohibits censorship of student press by administrators and protects students from being disciplined for engaging in speech or press activities. In 2008, Yee followed up with a law to protect high school and college teachers and other employees from retaliation by administrators as a result of student speech.

Senate bill 438, explicitly states that California charter schools must adhere to the state's student speech and employee protection laws.  "Students in California and throughout the country, have a fundamental right to free expression," said Yee. "It is quite disheartening to hear that taxpayer-funded charter schools think their students do not deserve the same rights as those afforded to students at public and private schools throughout the state.

Recently, administrators at the Orange County High School of the Arts interpreted state law to not include charter schools when they halted the printing of a student newspaper last September.

"The overwhelming passage of SB 438 by the Senate today affirms that existing law protects charter school students' speech activities and censorship will not be tolerated on any school campus," said Jim Ewert, Legal Counsel for the California Newspaper Publishers Association.

SB 438 will now be considered by the State Assembly.

http://www.aroundthecapitol.com/Bills/SB_438