AB553,18,20 4. Require a permit from any individual or group as a condition of being allowed to engage in expressive activities protected under this section, unless the individual or group is seeking exclusive control of a location for its expressive activity at a reserved time. Any such permitting process may not be overly burdensome, and applications for permits shall be evaluated solely using published content and viewpoint-neutral criteria.

AB553,19,6 5. Charge security fees to a student or a student group, as part of an application for those expressive activities that require a permit, based on the content of the expression, the content of the expression of an invited guest, or the anticipated reaction to the student's, student group's, or invited guest's expression. Whether the security fee is required and its amount may be determined only on the basis of content and viewpoint-neutral criteria. Content and viewpoint-neutral criteria include the time of the event, the location of the event, the anticipated size of the invited audience, and whether alcohol will be served. Any district board charging security fees pursuant to this subdivision shall publish the criteria it uses for assessing those charges and shall have a published process for waving the fees for those who cannot afford to pay them.

AB553,19,13 6. Sanction individuals or groups for discriminatory harassment unless the speech targets its victim on the basis of the victim's membership in a class protected under federal, state, or local law, and is so severe, pervasive, and objectively offensive that it effectively bars a student from receiving equal access to educational opportunities or benefits. This subdivision does not preclude a district board from providing additional resources to a student affected by speech that cannot be sanctioned under this subdivision or from taking nonpunitive actions.

AB553,19,17 (b) All indoor areas that have been designated as public forums and outdoor public areas generally accessible to the public and owned or operated by a district board, except classrooms while they are in use for instructional purposes, shall be governed by rules applicable to traditional public forums.

AB553,19,21 (c) 1. Nothing in this section enables individuals to engage in conduct that intentionally, materially, and substantially disrupts another's expressive activity if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular group.

AB553,20,2 2. For purposes of subd. 1., and subject to subd. 3., “materially and substantially disrupts” means when a person, with the intent or knowledge of doing so, significantly hinders another person's or group's expressive activity, prevents the communication of the message, or prevents the transaction of the business of a lawful meeting, gathering, or procession by doing any of the following:

AB553,20,3 a. Engaging in fighting, violence, or seriously disruptive behavior.

AB553,20,5 b. Physically blocking or significantly hindering any person from attending, listening to, viewing, or otherwise participating in an expressive activity.

AB553,20,14 3. For purposes of subd. 1., the phrase “materially and substantially disrupts” does not include conduct that is protected under the First Amendment of the U.S. Constitution or article I, section 3, of the Wisconsin Constitution. This protected conduct includes lawful protests and counterprotests in the outdoor areas of campus generally accessible to members of the public and indoor areas that have been designated as public forums, except classrooms while they are in use for instructional purposes, except during times when those areas have been reserved in advance for other events, or minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.

AB553,20,16 (d) Nothing in this section limits the right of student expression at campus locations that are not specified in this section.

AB553,20,17 (e) A district board shall do all of the following:

AB553,20,22 1. Conduct a biennial survey of students and employees on First Amendment rights, academic freedom, perceived political, ideological, or other bias at the district schools, and whether campus culture promotes self-censorship. The survey shall be conducted using statistically sound methodology and in a manner that protects the confidentiality of the survey's respondents.

AB553,20,24 2. Biennially submit to the legislature under s. 13.172 (2) a report detailing the results of the survey under subd. 1.

AB553,21,2 3. Annually provide all students and employees with instruction in academic freedom, due process, and First Amendment protections.

AB553,21,5 (3) Academic freedom. (a) No district board policy or employee may limit the expressive rights and academic freedom of an instructor of a district school to do any of the following:

AB553,21,6 1. Conduct research, publish, lecture, or teach in the academic setting.

AB553,21,9 2. Require students to participate in instructional exercises with legitimate pedagogical purposes that involve exploring, or arguing for or against, any argument or assertion.

AB553,21,10 3. Speak publicly as a private citizen on matters of public concern.

AB553,21,14 (b) Nothing in this subsection shall be interpreted to prohibit a district board from requiring an instructor to perform the instructor's academic duties or from setting performance standards consistent with this subsection or as required by other law of this state.

AB553,21,22 (4) Notice; institutional aid. (a) A district board that violates this section, for 4 years following the date of the finding of the violation under par. (b), shall include a disclaimer on all notices, both printed or electronic, to individuals regarding admission to a technical college of the district, in a type size no smaller than the majority of the rest of the notice, in substantially the following form: “NOTICE: We are required by the State of Wisconsin to inform you that within the last 4 years ... [insert name of technical college] has violated the free speech or academic freedom provisions in the Wisconsin statutes.”

AB553,21,25 (b) The penalty under par. (a) applies if a state or federal court in this state finds, on the basis of a preponderance of the evidence, that the district board violated this section.

AB553,22,3 (5) Cause of action. (a) Any person identified in par. (b) may bring an action in circuit court against a district board for violation of this section and may seek any of the following:

AB553,22,4 1. An injunction against violation of this section.

AB553,22,6 2. Recovery from the district board of damages, courts costs, and attorney fees for persons aggrieved by the violation.

AB553,22,7 (b) Any of the following persons may bring an action under par. (a):

AB553,22,8 1. The attorney general.

AB553,22,9 2. A district attorney.

AB553,22,11 3. Any person whose expressive rights were violated through the violation of this section.

AB553,22,13 (c) Subject to par. (d), in an action brought under par. (a), if the court finds a violation, the court shall award to the plaintiffs all of the following: