SB 552: "True Patriotism and Universal Student Access (TPUSA) Act"; enact

Senate Bill 552

By: Senators Watson of the 1st, Strickland of the 42nd, Cowsert of the 46th, Anavitarte of the 31st, Walker III of the 20th and others

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Subpart 2A of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to clubs and organizations, so as to provide for equal access to public schools for students engaging in political or philosophical expression; to authorize the organization of partisan and nonpartisan student groups and gatherings; to provide for school disclaimers of sponsorship; to prohibit discrimination based on the content of student speech within a limited open forum; to provide for the maintenance of order and discipline; to provide for a short title; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "True Patriotism and Universal Student Access (TPUSA) Act."

SECTION 2.

Subpart 2A of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to clubs and organizations, is amended by adding a new Code section to read as follows:

"20-2-706.

(a) As used in this Code section, the term:

(1) 'Meeting' means and includes those activities of student groups which are permitted under a public school's limited open forum and are not directly related to the school curriculum.

(2) 'Noninstructional time' means time set aside by a public school before actual classroom instruction begins or after actual classroom instruction ends.

(3) 'Sponsor' means an individual who is in whole or in part responsible for the sponsorship of a meeting. Such term shall not include a school administrator, teacher, or other school personnel who has been assigned to attend a meeting for custodial purposes.

(4) 'Sponsorship' means the act of promoting, leading, or participating in a meeting. (b)(1) Students enrolled in public schools in this state shall be permitted to engage in political activities and expression before, during, and after the school day in the same manner and to the same extent that students may engage in nonpolitical activities and expression.

(2) Students enrolled in public schools in this state may organize partisan or nonpartisan political activities and groups before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups during noninstructional time.

(c)(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 enrolled in such public school who wish to conduct a meeting within such limited open forum on the basis of the political, philosophical, ideological, or other content of the speech at such meetings.

(2) Nothing in this Code section shall be construed or applied to require a public school to establish a limited open forum; provided, however, that a public school shall be deemed to have established a limited open forum whenever such school grants an offering to or opportunity for one or more noncurricular related student groups to meet on school premises during noninstructional time.

(3) Public schools shall be deemed to offer a fair opportunity to students enrolled in such school who wish to conduct a meeting within its limited open forum if such school uniformly provides that:

(A) The meeting is voluntary and student initiated;

(B) There is no sponsorship of the meeting by the school or any governmental entity or its employees or agents acting in an official capacity;

(C) The meeting does not materially and substantially interfere with the orderly conduct of educational activities and discipline within the school;

(D) The meeting does not infringe on the rights of other students; and

(E) Individuals not affiliated with the school may not direct, conduct, control, or regularly attend activities of student groups.

(d)(1) Partisan and nonpartisan political groups shall be given the same access to public school facilities for assembling as is given to other noncurricular groups without discrimination based on the political content of the expression of such groups.

(2) Partisan and nonpartisan political groups shall be given the same opportunity to advertise or announce meetings and activities as is given to other noncurricular groups without discrimination based on the political content of the students' expression.

(e) A public school shall only disclaim school sponsorship of noncurricular student groups and related events in a manner that neither favors nor disfavors student groups that meet to engage in political activity or political speech.

(f) Students enrolled in public schools shall be permitted to wear clothing, accessories, and jewelry that display political messages or political symbols in the same manner and to the same extent that other types of clothing, accessories, and jewelry that display messages or symbols are permitted under the school dress code.

(g) Nothing in this Code section shall be construed to authorize the state or any political subdivision thereof to:

(1) Influence the form or content of any political, philosophical, or ideological activity;

(2) Require any person to participate in politics or political activity;

(3) Expend public funds beyond the incidental cost of providing the space for student initiated meetings;

(4) Compel any public school employee or agent to attend a meeting if the content of the speech at the meeting is contrary to the beliefs of the employee or agent;

(5) Sanction meetings that are otherwise unlawful; or

(6) Abridge the constitutional rights of any individual.

(h) Nothing in this Code section shall be construed to limit the authority of a public school or its employees or agents to:

(1) Maintain order and discipline on school premises;

(2) Protect the well-being of students and staff;

(3) Assure that attendance of students at meetings is voluntary;

(4) Prohibit or restrict conduct that either causes or could reasonably be forecast to cause a material and substantial disruption of the work and discipline of the school;

(5) Prohibit or restrict conduct that either causes or could reasonably be forecast to cause an infringement on the rights of other students;

(6) Prohibit or restrict conduct involving violence, threats, or harassment; and

(7) Enforce student attendance policies, rules, and requirements."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.