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California Education Code Section 48950

Legal Research Home > California Laws > Education Code > California Education Code Section 48950

48950.  (a) A school district operating one or more high schools, a
charter school, or a private secondary 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: 48950

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Last modified: March 17, 2014