GREEN SHEET REDIGEST
HB 269 2017 Regular Session Lance Harris
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
COLLEGES/UNIVERSITIES: Provides for free expression on college campuses.
DIGEST
Proposed law provides for a state policy on free expression on public college and university
campuses, including the following major components:
(1)Requires each postsecondary education management board to develop and adopt
policies on free expression that contains specific enumerated statements and
provisions.
(2)Requires the Bd. of Regents to create a committee on free expression to issue annual
reports of the status of free expression on college campuses based upon various
metrics.
(3)Authorizes the management boards to adopt regulations to further the purposes of the
adopted policy.
(4)Requires state institutions of postsecondary education to include in freshman
orientation programs a description of the free expression policies and regulations.
(5)Authorizes state institutions of postsecondary education to restrict expressive conduct
within certain limitations.
(6)Creates a cause of action for injunction, damages, court costs, and attorney fees
available to a person whose expressive rights are violated by a violation of proposed
law.
(Adds R.S. 17:3399.31-3399.36)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Relative to the requirement that management boards adopt policies on free
expression:
(a)Add further provisions authorizing institutions to restrict protests and
demonstrations with regard to maintaining order on campus and to
prevent any interference with regularly scheduled campus events.
(b)Change provisions relative to disciplinary hearings for students to remove
specific requirements and provide instead that student codes of conduct
shall contain procedures for disciplinary actions for violations in
instances involving expressive conduct.
2. Relative to the requirement that the committee created by the Bd. of Regents
report certain information, add that the report shall include deficiencies and
inconsistencies among the institutions' application of the policies and procedures
developed pursuant to proposed law.
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Prepared by Cheryl M. Serrett. 3. Relative to the authority for the management boards to adopt regulations for
purposes of the adopted policies, add that such regulations include restrictions on
protests and demonstrations necessary to prevent any interference with regularly
scheduled campus events.
4. Relative to the authority for the institutions to restrict expressive conduct for
certain purposes, add to such purposes that institutions may restrict expressive
conduct if necessary to prevent any interference by a protest or demonstration
with regularly scheduled campus events.
5. Remove authority for the attorney general to bring a legal action to enjoin a
violation of proposed law.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
reengrossed bill
1. Makes technical changes.
2. Removes subjective terms to clarify language.
3. Delineates a student's rights in regards in disciplinary proceedings.
4. Deletes provisions requiring suspension or expulsion of students.
5. Deletes provisions restricting a postsecondary institution's ability to discuss
current issues.
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Prepared by Cheryl M. Serrett.