PRINTER'S NO. 3350
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2302
Session of
2020
INTRODUCED BY SHUSTERMAN, T. DAVIS, HILL-EVANS, HOHENSTEIN,
WILLIAMS, CONKLIN, McCARTER, ROZZI, DeLUCA, GAINEY, HOWARD,
DONATUCCI AND ROEBUCK, FEBRUARY 24, 2020
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 24, 2020
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 free school media.
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-K
FREE SCHOOL MEDIA
Section 1501-K. Short title of article.
This article shall be known and may be cited as the Free
School Media Act.
Section 1502-K. 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 vocational-technical school operating within this
Commonwealth.
"School official." A superintendent, principal or the
designee of the superintendent or principal.
"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-K. Free speech rights for student journalists.
(a) Policies.--Beginning with the 2021-2022 school year, a
school entity that has a school-sponsored media program on or
after the effective date of this section 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.
Section 1504-K. 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
1505-K(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
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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-K(b).
Section 1505-K. 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 of school-sponsored media publications
and broadcasts and oversee the operation of the school-sponsored
media program.
(b) Student-media advisors.--A student-media advisor shall
act solely as an educator and consultant for student journalists
during the school-sponsored media publication and broadcast
process.
(c) Approval process.--School-sponsored media shall be
submitted to the student editor for approval before the school-
sponsored media is published or broadcast. The student editor
shall determine if the school-sponsored media violates the
school entity's policies. If the student editor determines that
the school-sponsored media violates the school entity's
policies, the school-sponsored media may not be published or
broadcast. The student editor may exclude school-sponsored media
from publication or broadcast on the basis of limited available
space or time within the publication or broadcast.
(d) Rejection or exclusion.--A student editor shall provide
a written explanation for the rejection or exclusion of school-
sponsored media prepared by a student journalist for a
publication or broadcast.
(e) Media law training.--Beginning with the 2021-2022 school
year and each school year thereafter, student journalists, in
conjunction with the student-media advisor, may conduct a lesson
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in media law for student journalists before the student
journalists participate in the school-sponsored media program.
The lesson shall notify the student journalists of their rights
as journalists under this article and demonstrate examples of
school-sponsored media that violate the school entity's
policies. Nothing in this subsection may be construed to create
additional expenses for a school entity to conduct the lesson.
(f) Official statements.--School-sponsored media shall be
considered a form of student expression. School-sponsored media
may not be considered an official statement from the school
entity.
(g) Construction.--Nothing in this section may be construed
to prevent a student editor from exercising action to cease the
publication or broadcast of school-sponsored media that is an
unauthorized and unprotected form of student expression as
specified under section 1503-K(b).
Section 1506-K. Protections for student-media advisors.
A student-media advisor may not, under any circumstances, be
dismissed, suspended, disciplined, reassigned or transferred by
a school official for any of the following actions:
(1) Taking reasonable and appropriate action to protect
a student journalist engaging in conduct established under
the school entity's policies.
(2) Refusing to infringe on the conduct by a student
journalist that is protected by the school entity's policies,
the First Amendment of the Constitution of the United States
or section 7 of Article I of the Constitution of
Pennsylvania.
Section 2. All regulations and parts of regulations are
abrogated insofar as they are inconsistent with the addition of
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Article XV-K of the act.
Section 3. This act shall take effect in 60 days.
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