California Education Code

§ 66301

EDC § 66301 Effective Jan 1, 2009Div. 5 · Title 3 · Part 40 · Ch. 5

Statute text

(a)Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a community college district, nor an administrator of any campus of those institutions, shall make or enforce a rule subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, 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 student enrolled in an institution, as specified in subdivision (a), at the time that the institution 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 a 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 authorize a prior restraint of student speech or the student press.

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Legislative history

Amended by Stats. 2008, Ch. 525, Sec. 4. Effective January 1, 2009.