PRINTER'S NO. 1113

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

806

Session of

2019

INTRODUCED BY DINNIMAN, MUTH, BREWSTER AND BROWNE,

AUGUST 7, 2019

REFERRED TO EDUCATION, AUGUST 7, 2019

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:

Section 1501-J. Short title of article.

This article shall be known and may be cited as the Free

School Media Act.

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

(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-J. Free speech rights for student journalists.

(a) Policies.--Beginning with the 2020-2021 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

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

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-J(c).

(2) Serving as a member of the school-sponsored media

program.

(b) Media facilities.--A school entity shall not limit

form of student expression as specified under section 1503-J(b).

Section 1505-J. 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.

policies, the school-sponsored media shall 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 2020-2021 school

year and each school year thereafter, student journalists, in

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 shall 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

shall not be considered an official statement from the school

entity.

(g) Construction.--Nothing in this section shall be

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 and section 7 of Article I of the Constitution of

Pennsylvania.

Section 3. This act shall take effect in 60 days.