The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Carla S. Roberts.
DIGEST
SB 294 Engrossed 2024 Regular Session Hodges
Present law provides protections for free expression on public college and university campuses.
Proposed law retains present law but clarifies that free expression is the free speech and protected
expressive activities guaranteed by the First Amendment of the U.S. Constitution and the La.
Constitution.
Present law defines "expressive activities" as any lawful verbal or written means by which
individuals or groups communicate ideas to one another, as provided by the First Amendment of the
U.S. Constitution or the La. Constitution, including all forms of peaceful assembly, protest,
distribution of literature, carrying signs, and circulating petitions. The definition of "expressive
activities" excludes commercial activities.
Proposed law retains present law but changes the term from "expressive activities" to "free speech
and First Amendment protected expressive activities".
Present law, as it relates to the protections for a student's free speech rights in present law, excludes
commercial activities when individuals or groups are being compensated or attempting to advertise,
market, or accrue financial gain to any individual, corporation, business, or organization.
Proposed law retains present law but also excludes the following:
(1)Activities in which an individual or group is being monetarily funded or organized by any
individual, corporation, business, or organization that has been designated as a foreign
terrorist organization by the U.S. Dept. of State.
(2)Any criminal activity which is prohibited by state law.
Present law defines "student-on-student discriminatory harassment" as unwelcome conduct that
targets a victim on the basis of being a member of protected class under the law that is so severe,
pervasive, and objectively offensive and so undermines and detracts from the victim's educational
experience that the victim is effectively denied equal access to an institution's resources and
opportunities.
Proposed law retains present law and expands protections from those students who are members of
a protected class to all students.
Present law provides with respect to freedom of association and provides that a public college or
university cannot deny a belief-based student organization any benefit or privilege available to any other student organization. Present law further provides that no college or university is to deny a
belief-based student organization any benefit or privilege available to any other student organization,
or otherwise discriminate against a belief-based organization, based on the expression of the
organization, including any requirement that the leaders or members of the organization:
(1)Affirm and adhere to the organization's sincerely held beliefs.
(2)Comply with the organization's standards of conduct.
(3)Further the organization's mission or purpose, as defined by the organization.
Proposed law retains present law but changes the term from "belief-based student organization" to
"religious or faith-based student organization" and "political or ideological belief-based
organization".
Proposed law retains present law and adds that no public college or university is allowed to engage
in discrimination on the basis of religion, politics, or ideology against any organizations, officers,
leaders or members of the organization in a manner that does any of the following:
(1)Restricts the organization's sincerely held religious beliefs or restricts the political or
ideological belief-based organization's beliefs.
(2)Requires the organization accept officers, choose leaders, or accept members who are not
members of the same religion if to do so would violate the organization's standards of
conduct.
Present law provides that present law supersedes and controls to the extent of any conflict with any
other provision of law and governs a college or university's obligation to address all forms of
discriminatory harassment perpetrated by one student on another student, including sexual
harassment.
Proposed law retains present law and clarifies that the protections or remedies available to a student
pursuant to any other provision of law are still in effect.
Proposed law provides that each student is free from discrimination on the basis of political ideas,
affiliations, or ideologies. Provides that the La. Constitution guarantees that each person, including
a college or university student, has the right to individual dignity and further provides that
protections are guaranteed against discrimination based upon the student's political ideas or
affiliations. Provides that a public college or university management board make reasonable efforts
to protect students from discrimination on the basis of political ideas, affiliations, or ideology.
Proposed law prohibits a professor or instructor from imposing the professor's or instructor's political
views onto students. Prohibits the professor or instructor from doing any of the following:
(1)Requiring a student to attend a political protest or engage in any other political activity
outside the classroom that aligns with the political views of the professor or instructor. (2)Requiring a student to participate in a certain political activity outside the classroom as a
condition of obtaining the letter grade to which the student would otherwise be entitled based
upon the student's actual academic performance in the class.
Present law requires the colleges and universities to develop policies to enforce present law and to
post those policies on the institution's website.
Proposed law retains present law but requires the colleges and universities to also post to the
institution's website an advisory that the institution's policy is to be free from political duress to
attend off-campus political activities.
Proposed law provides that a college or university is prohibited from denying any student the right
to have an attorney present at any disciplinary hearings to which the student is a party if the student
desires to engage an attorney at the student's expense.
Proposed law directs the La. State Law Institute to make technical changes.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:3399.31(1), (2), and (5), 3399.32(A), 3399.33, 3399.34 (heading and intro para),
and 3399.38; adds R.S. 17:3399.34(4),(5), and (6), 3399.39, and 3399.40)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Changes terminology.
2. Makes protection available to all students.
3. Protects the right of students to be free from political duress from professors.
4. Requires colleges and universities to develop policies and post on the internet that
students are to be free from political duress to attend political activities outside the
classroom.
5. Provides for student due process at disciplinary hearings.
6. Makes technical changes.