SB552: SB552 "True Patriotism and Universal Student Access (TPUSA) Act"; enact

26 LC 49 2882S 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 Tit le 20 of the Official Code1 of Georgia Annotated, relating to clubs and organizations, so as to provide for equal access2 to public schools for students engaging in political or philosophical expression; to authorize3 the organization of partisan and nonpartisan student groups and gatherings; to provide for4 school disclaimers of sponsorship; to prohibit discrimination based on the content of student5 speech within a limited open forum; to provide for the maintenance of order and discipline;6 to provide for a short title; to provide for definitions; to provide for related matters; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the "True Patriotis m and Universal Student11 Access (TPUSA) Act."12 S. B. 552 - 1 - 26 LC 49 2882S SECTION 2.13 Subpart 2A of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia14 Annotated, relating to clubs and organizations, is amended by adding a new Code section to15 read as follows:16 "20-2-706.17 (a) As used in this Code section, the term:18 (1) 'Meeting' means and includes those activities of student groups which are permitted19 under a public school's limited ope n forum and are not directly related to the school20 curriculum.21 (2) 'Noninstructional time' means time set aside by a public s chool before actual22 classroom instruction begins or after actual classroom instruction ends.23 (3) 'Sponsor' means an individual who is in whole or in part r esponsible for the24 sponsorship of a meeting. Such term shall not include a school administrator, teacher,25 or other school personnel who has been assigned to attend a mee ting for custodial26 purposes.27 (4) 'Sponsorship' means the act of promoting, leading, or participating in a meeting.28 (b)(1) Students enrolled in public schools in this state shall be permitted to engage in29 political activities and expression before, during, and after t he school day in the same30 manner and to the same extent that students may engage in nonpo litical activities and31 expression. 32 (2) Students enrolled in public schools in this state may organize partisan or nonpartisan33 political activities and groups before, during, and after schoo l to the same extent that34 students are permitted to organize other noncurricular student activities and groups during35 noninstructional time.36 (c)(1) It shall be unlawful for any public school which has a limited open forum to deny37 equal access or a fair opportunity to, or discriminate against, any students enrolled in such38 public school who wish to conduct a meeting within such limited open forum on the basis39 S. B. 552 - 2 - 26 LC 49 2882S of the political, philosophical, ideological, or other content of the speech at such40 meetings.41 (2) Nothing in this Code section shall be construed or applied to require a public school42 to establish a limited open forum; provided, however, that a pu blic school shall be43 deemed to have established a limited open forum whenever such s chool grants an44 offering to or opportunity for one or more noncurricular related student groups to meet45 on school premises during noninstructional time.46 (3) Public schools shall be deemed to offer a fair opportunity to students enrolled in such47 school who wish to conduct a meeting within its limited open fo rum if such school48 uniformly provides that:49 (A) The meeting is voluntary and student initiated;50 (B) There is no sponsorship of the meeting by the school or any governmental entity51 or its employees or agents acting in an official capacity;52 (C) The meeting does not materially and substantially interfer e w i t h t h e o r d e r l y53 conduct of educational activities and discipline within the school;54 (D) The meeting does not infringe on the rights of other students; and55 (E) Individuals not affiliated with the school may not direct, conduct, control, or56 regularly attend activities of student groups.57 (d)(1) Partisan and nonpartisan political groups shall be given the same access to public58 school facilities for assembling as is given to other noncurric ular groups without59 discrimination based on the political content of the expression of such groups.60 (2) Partisan and nonpartisan political groups shall be given t he same opportunity to61 advertise or announce meetings and activities as is given to other noncurricular groups62 without discrimination based on the political content of the students' expression.63 (e) A public school shall only disclaim school sponsorship of noncurricular student groups64 and related events in a manner that neither favors nor disfavors student groups that meet65 to engage in political activity or political speech.66 S. B. 552 - 3 - 26 LC 49 2882S (f) Students enrolled in public schools shall be permitted to wear clothing, accessories, and67 jewelry that display political messages or political symbols in the same manner and to the68 same extent that other types of clothing, accessories, and jewelry that display messages or69 symbols are permitted under the school dress code.70 (g) Nothing in this Code section shall be construed to authorize the state or any political71 subdivision thereof to:72 (1) Influence the form or content of any political, philosophical, or ideological activity;73 (2) Require any person to participate in politics or political activity;74 (3) Expend public funds beyond the incidental cost of providin g the space for student75 initiated meetings;76 (4) Compel any public school employee or agent to attend a meeting if the content of the77 speech at the meeting is contrary to the beliefs of the employee or agent;78 (5) Sanction meetings that are otherwise unlawful; or79 (6) Abridge the constitutional rights of any individual.80 (h) Nothing in this Code section shall be construed to limit the authority of a public school81 or its employees or agents to:82 (1) Maintain order and discipline on school premises;83 (2) Protect the well-being of students and staff;84 (3) Assure that attendance of students at meetings is voluntary;85 (4) Prohibit or restrict conduct that either causes or could reasonably be forecast to cause86 a material and substantial disruption of the work and discipline of the school;87 (5) Prohibit or restrict conduct that either causes or could reasonably be forecast to cause88 an infringement on the rights of other students;89 (6) Prohibit or restrict conduct involving violence, threats, or harassment; and90 (7) Enforce student attendance policies, rules, and requirements."91 S. B. 552 - 4 - 26 LC 49 2882S SECTION 3.92 All laws and parts of laws in conflict with this Act are repealed.93 S. B. 552 - 5 -