Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1416

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  Students in public schools may engage in political activities or political or philosophical expression before, during and after the school day in the same manner and to the same extent that students may engage in nonpolitical activities or expression.  Students may organize partisan or nonpartisan political groups, political clubs, political rallies, or other politically themed gatherings before, during and after school to the same extent that students are permitted to organize other noncurricular student activities and groups.  Partisan and nonpartisan political groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the political content of the students' expression.  

SECTION 2.  (1)  It shall be unlawful for any public school which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the political, philosophical, ideological or other content of the speech at such meetings.

     (2)  Nothing in this act shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

SECTION 3.  If any provision of this act or the application thereof to any person or circumstances is judicially determined to be invalid, the provisions of the remainder of the act and the application to other persons or circumstances shall not be affected thereby.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2022.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO ALLOW STUDENTS IN PUBLIC SCHOOLS TO ENGAGE IN POLITICAL ACTIVITIES OR PHILOSOPHICAL EXPRESSION BEFORE, DURING AND AFTER THE SCHOOL DAY IN THE SAME MANNER AND TO THE SAME EXTENT THAT STUDENTS MAY ENGAGE IN NONPOLITICAL ACTIVITIES OR EXPRESSIONS; TO ALLOW STUDENTS TO ORGANIZE PARTISAN OR NONPARTISAN POLITICAL GROUPS, POLITICAL CLUBS, POLITICAL RALLIES, OR OTHER POLITICALLY THEMED GATHERINGS BEFORE, DURING AND AFTER SCHOOL TO THE SAME EXTENT THAT STUDENTS ARE PERMITTED TO ORGANIZE OTHER NONCURRICULAR STUDENT ACTIVITIES AND GROUPS; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO LIMIT THE AUTHORITY OF THE SCHOOL, ITS AGENTS OR EMPLOYEES, TO MAINTAIN ORDER AND DISCIPLINE ON SCHOOL PREMISES, TO PROTECT THE WELL-BEING OF STUDENTS AND FACULTY, AND TO ASSURE THAT ATTENDANCE OF STUDENTS AT MEETINGS IS VOLUNTARY; TO PROVIDE FOR THE SEVERABILITY OF THE ACT; AND FOR RELATED PURPOSES.