HB344: Higher educational institutions, public; constitutionally protected speech, etc.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding a section numbered 23.1-401.1 and to repeal § 23.1-900.1 of the Code of Virginia, relating to public institutions of higher education in the Commonwealth; constitutionally protected speech; policies, materials, and reports; report.
[H 344]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23.1-401.1 as follows:

§ 23.1-401.1. Constitutionally protected speech; policies, materials, and reports; report.

A. Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.

B. Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech.

C. Each public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.

D. Each public institution of higher education shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution's compliance with the provisions of this section that includes:

1. A copy of the institution's policies as described in subsection B and materials on such policies as described in subsection C;

2. Certification that the institution has complied with subsection C; and

3. A copy of any complaint filed in a court of law since December 1 of the preceding year to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution.

E. Each public institution of higher education shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a court of law to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served.

2. That § 23.1-900.1 of the Code of Virginia is repealed.


HOUSE BILL NO. 344
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on February 22, 2018)
(Patron Prior to Substitute--Delegate Landes)
A BILL to amend the Code of Virginia by adding a section numbered 23.1-401.1 and to repeal § 23.1-900.1 of the Code of Virginia, relating to public institutions of higher education in the Commonwealth; constitutionally protected speech; policies, materials, and reports; report.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23.1-401.1 as follows:

§ 23.1-401.1. Constitutionally protected speech; policies, materials, and reports; report.

A. Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.

B. Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding speech that is constitutionally protected under the First Amendment to the United States Constitution and the process to report incidents of disruption of such constitutionally protected speech.

C. Each public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.

D. Each public institution of higher education shall develop, post on its website in a searchable, publicly accessible, and conspicuous manner, and submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1 of each year a report on the institution's compliance with the provisions of this section that includes:

1. A copy of the institution's policies as described in subsection B and materials on such policies as described in subsection C;

2. Certification that the institution has complied with subsection C; and

3. A copy of any complaint filed in a court of law since December 1 of the preceding year to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution.

E. Each public institution of higher education shall submit to the Governor and the Chairmen of the House Committee on Education and the Senate Committee on Education and Health a copy of any complaint filed in a court of law to initiate a lawsuit against the institution or an employee of the institution in his official capacity for an alleged violation of the First Amendment to the United States Constitution no later than 30 days after such complaint is served.

2. That § 23.1-900.1 of the Code of Virginia is repealed.


HOUSE BILL NO. 344
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Toscano
on January 29, 2018)
(Patron Prior to Substitute--Delegate Landes)
A BILL to amend the Code of Virginia by adding a section numbered 23.1-401.1 and to repeal § 23.1-900.1 of the Code of Virginia, relating to public institutions of higher education in the Commonwealth; campus free speech.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23.1-401.1 as follows:

§ 23.1-401.1. Campus free speech.

Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus or the grounds of a public institution of higher education.

2. That § 23.1-900.1 of the Code of Virginia is repealed.


HOUSE BILL NO. 344
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Education
on January 24, 2018)
(Patron Prior to Substitute--Delegate Landes)
A BILL to amend the Code of Virginia by adding a section numbered 23.1-401.1 and to repeal § 23.1-900.1 of the Code of Virginia, relating to public institutions of higher education in the Commonwealth; campus free speech; policies and reports.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23.1-401.1 as follows:

§ 23.1-401.1. Campus free speech; policies and reports.

A. Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.

B. Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding free speech on campus.

C. Each public institution of higher education shall develop materials on the policies established pursuant to subsection B and notify any employee who is responsible for the discipline or education of enrolled students of such materials.

D. Each public institution of higher education shall develop; post on its website in a searchable, publicly accessible, and conspicuous manner; and submit to the Governor and the General Assembly no later than December 1 of each year a report on the institution's compliance with the provisions of this section that includes:

1. A description of any barriers to free speech on campus; any incidents of disruption of free speech on campus, including any attempt to block or prohibit campus speakers and any investigation of students or student organizations for their speech; and any disciplinary action taken against the individual or entity that was responsible for any such barrier or incident of disruption. No such description shall disclose any student's personally identifiable information; and

2. Any other information relating to free speech on campus that the institution deems necessary to publicly report or deems valuable for the public to evaluate whether the institution has protected and enforced the right of individuals to engage in free speech on campus.

Such report shall be amended and resubmitted to the Governor and General Assembly within 30 days after the institution is sued for an alleged violation of the First Amendment to the United States Constitution. Such amended report shall include a copy of the complaint that alleges such a violation.

2. That § 23.1-900.1 of the Code of Virginia is repealed.

HOUSE BILL NO. 344

Offered January 10, 2018
Prefiled January 4, 2018
A BILL to amend the Code of Virginia by adding a section numbered 23.1-401.1 and to repeal § 23.1-900.1 of the Code of Virginia, relating to public institutions of higher education in the Commonwealth; campus free speech; policies, training, and reports.
Patron-- Landes

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 23.1-401.1 as follows:

§ 23.1-401.1. Campus free speech; policies, training, and reports.

A. Except as otherwise permitted by the First Amendment to the United States Constitution, no public institution of higher education shall abridge the constitutional freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.

B. Each public institution of higher education shall establish and include in its student handbook, on its website, and in its student orientation programs policies regarding free speech on campus.

C. Each public institution of higher education shall develop training materials and implement training programs on the policies established pursuant to subsection B for any employee who is responsible for the discipline or education of enrolled students.

D. Each public institution of higher education shall post conspicuously on its website and annually update a report that includes:

1. A description of any barriers to free speech on campus; any incidents of disruption of free speech on campus, including any attempt to block or prohibit campus speakers and any investigation of students or student organizations for their speech; and any disciplinary action taken against the individual or entity that was responsible for any such barrier or incident of disruption;

2. A copy of any complaint against the institution alleging a violation of the First Amendment to the United States Constitution; and

3. Any other information relating to free speech on campus that the institution deems necessary to publicly report.

2. That § 23.1-900.1 of the Code of Virginia is repealed.