Pennsylvania HB 806: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, providing for Pennsylvania student journalism protection.

Bill Text

PRINTER'S NO. 834
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 806
Session of
2025
INTRODUCED BY SHUSTERMAN, RASEL, WAXMAN, OTTEN, PROBST, SANCHEZ
AND BOROWSKI, MARCH 4, 2025
REFERRED TO COMMITTEE ON EDUCATION, MARCH 4, 2025
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for Pennsylvania student
journalism protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding an
article to read:
ARTICLE XV-O
PENNSYLVANIA STUDENT JOURNALISM PROTECTION
Section 1501-O. Scope of article.
This article relates to the provision of free speech rights
for student journalists in school media.
Section 1502-O. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"School entity." A school district, charter school, cyber
charter school, private school, nonpublic school, intermediate
unit or area career and technical school operating within this
Commonwealth.
"School official." A superintendent, principal or the
designee of the superintendent or principal of a school entity.
"School-sponsored media." Any material that is prepared,
substantially written, published or broadcast by a student
journalist at a school entity.
"School-sponsored media program." A journalism program or
class offered by a school entity that produces school-sponsored
media.
"Student editor." A student journalist appointed by the
student-media advisor.
"Student journalist." A student who gathers, compiles,
writes, edits, photographs, records, illustrates or prepares
information for dissemination in school-sponsored media.
"Student-media advisor." An individual who meets all of the
following criteria:
(1) The individual is employed, appointed or designated
by a school entity to supervise or provide instruction
relating to school-sponsored media.
(2) The individual is not a student currently enrolled
at the school entity.
Section 1503-O. Free speech rights for student journalists.
(a) Policies.--Beginning with the 2025-2026 school year, a
school entity that has a school-sponsored media program on or
after the effective date of this subsection shall adopt policies
or amend the school entity's existing policies for the purpose
of complying with this article. The policies shall include the
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rights and responsibilities of student editors, student
journalists and student-media advisors in accordance with this
article and 22 Pa. Code § 12.9 (relating to freedom of
expression).
(b) Unauthorized expression.--In accordance with the
regulations promulgated by 22 Pa. Code § 12.9, a form of student
expression shall not be authorized or protected by a school
entity's policies if the form of student expression is found to
be any of the following:
(1) Libelous, slanderous or obscene.
(2) An unwarranted invasion of privacy.
(3) Violating Federal or State law.
(4) Inciting students to commit an unlawful act or
violate the school entity's policies.
(5) Materially and substantially disrupting the orderly
operation of the school entity.
(c) Prior restraint prohibited.--Except for a form of
student expression prohibited under subsection (b), a school
entity's policies shall ensure that there is no prior restraint
of a form of student expression prepared for use in the
publication or broadcast of school-sponsored media.
Section 1504-O. Limitations on school officials and school
entities.
(a) Publications and broadcasts.--A school official shall be
prohibited from any of the following:
(1) Participating in the approval of school-sponsored
media before the publication or broadcast of the school-
sponsored media in accordance with this article. The approval
for a publication or broadcast of school-sponsored media
shall be granted solely by a student editor under section
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1505-O(c).
(2) Serving as a member of the school-sponsored media
program.
(b) Media facilities.--A school entity may not limit access
of a student journalist to the school entity's student media
facilities if the student journalist's use of the media
facilities will not result in an unauthorized and unprotected
form of student expression as specified under section 1503-O(b).
Section 1505-O. School-sponsored media program.
(a) Content selection.--Subject to the limitations of a
school entity's policies, a student editor shall approve, reject
or exclude all content