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.

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
 1   Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
 2      act relating to the public school system, including certain
 3      provisions applicable as well to private and parochial
 4      schools; amending, revising, consolidating and changing the
 5      laws relating thereto," providing for Pennsylvania student
 6      journalism protection.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.     The act of March 10, 1949 (P.L.30, No.14), known
10   as the Public School Code of 1949, is amended by adding an
11   article to read:
12                                ARTICLE XV-O
13              PENNSYLVANIA STUDENT JOURNALISM PROTECTION
14   Section 1501-O.    Scope of article.
15      This article relates to the provision of free speech rights
16   for student journalists in school media.
17   Section 1502-O.    Definitions.
18      The following words and phrases when used in this article
19   shall have the meanings given to them in this section unless the
20   context clearly indicates otherwise:
 1      "School entity."    A school district, charter school, cyber
 2   charter school, private school, nonpublic school, intermediate
 3   unit or area career and technical school operating within this
 4   Commonwealth.
 5      "School official."     A superintendent, principal or the
 6   designee of the superintendent or principal of a school entity.
 7      "School-sponsored media."     Any material that is prepared,
 8   substantially written, published or broadcast by a student
 9   journalist at a school entity.
10      "School-sponsored media program."     A journalism program or
11   class offered by a school entity that produces school-sponsored
12   media.
13      "Student editor."     A student journalist appointed by the
14   student-media advisor.
15      "Student journalist."     A student who gathers, compiles,
16   writes, edits, photographs, records, illustrates or prepares
17   information for dissemination in school-sponsored media.
18      "Student-media advisor."     An individual who meets all of the
19   following criteria:
20            (1)   The individual is employed, appointed or designated
21      by a school entity to supervise or provide instruction
22      relating to school-sponsored media.
23            (2)   The individual is not a student currently enrolled
24      at the school entity.
25   Section 1503-O.    Free speech rights for student journalists.
26      (a)   Policies.--Beginning with the 2025-2026 school year, a
27   school entity that has a school-sponsored media program on or
28   after the effective date of this subsection shall adopt policies
29   or amend the school entity's existing policies for the purpose
30   of complying with this article. The policies shall include the

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 1   rights and responsibilities of student editors, student
 2   journalists and student-media advisors in accordance with this
 3   article and 22 Pa. Code § 12.9 (relating to freedom of
 4   expression).
 5      (b)   Unauthorized expression.--In accordance with the
 6   regulations promulgated by 22 Pa. Code § 12.9, a form of student
 7   expression shall not be authorized or protected by a school
 8   entity's policies if the form of student expression is found to
 9   be any of the following:
10            (1)   Libelous, slanderous or obscene.
11            (2)   An unwarranted invasion of privacy.
12            (3)   Violating Federal or State law.
13            (4)   Inciting students to commit an unlawful act or
14      violate the school entity's policies.
15            (5)   Materially and substantially disrupting the orderly
16      operation of the school entity.
17      (c)   Prior restraint prohibited.--Except for a form of
18   student expression prohibited under subsection (b), a school
19   entity's policies shall ensure that there is no prior restraint
20   of a form of student expression prepared for use in the
21   publication or broadcast of school-sponsored media.
22   Section 1504-O.     Limitations on school officials and school
23                  entities.
24      (a)   Publications and broadcasts.--A school official shall be
25   prohibited from any of the following:
26            (1)   Participating in the approval of school-sponsored
27      media before the publication or broadcast of the school-
28      sponsored media in accordance with this article. The approval
29      for a publication or broadcast of school-sponsored media
30      shall be granted solely by a student editor under section

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 1      1505-O(c).
 2            (2)   Serving as a member of the school-sponsored media
 3      program.
 4      (b)     Media facilities.--A school entity may not limit access
 5   of a student journalist to the school entity's student media
 6   facilities if the student journalist's use of the media
 7   facilities will not result in an unauthorized and unprotected
 8   form of student expression as specified under section 1503-O(b).
 9   Section 1505-O.    School-sponsored media program.
10      (a)     Content selection.--Subject to the limitations of a
11   school entity's policies, a student editor shall approve, reject
12   or exclude all content of school-sponsored media publications
13   and broadcasts and oversee the operation of the school-sponsored
14   media program.
15      (b)     Student-media advisors.--A student-media advisor shall
16   act solely as an educator and consultant for student journalists
17   during the school-sponsored media publication and broadcast
18   process.
19      (c)     Approval process.--School-sponsored media shall be
20   submitted to the student editor for approval before the school-
21   sponsored media is published or broadcast. The student editor
22   shall determine if the school-sponsored media violates the
23   school entity's policies. If the student editor determines that
24   the school-sponsored media violates the school entity's
25   policies, the school-sponsored media may not be published or
26   broadcast. The student editor may exclude school-sponsored media
27   from publication or broadcast on the basis of limited available
28   space or time within the publication or broadcast.
29      (d)     Rejection or exclusion.--A student editor shall provide
30   a written explanation for the rejection or exclusion of school-

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 1   sponsored media prepared by a student journalist for a
 2   publication or broadcast.
 3      (e)    Media law training.--Beginning with the 2025-2026 school
 4   year and each school year thereafter, student journalists, in
 5   conjunction with the student-media advisor, may conduct a lesson
 6   in media law for student journalists before the student
 7   journalists participate in the school-sponsored media program.
 8   The lesson shall notify the student journalists of their rights
 9   as journalists under this article and demonstrate examples of
10   school-sponsored media that violate the school entity's
11   policies. Nothing in this subsection may be construed to create
12   additional expenses for a school entity to conduct the lesson.
13      (f)    Official statements.--School-sponsored media shall be
14   considered a form of student expression. School-sponsored media
15   may not be considered an official statement from the school
16   entity.
17      (g)    Construction.--Nothing in this section may be construed
18   to prevent a student editor from exercising action to cease the
19   publication or broadcast of school-sponsored media that is an
20   unauthorized and unprotected form of student expression as
21   specified under section 1503-O(b).
22   Section 1506-O.     Protections for student-media advisors.
23      A student-media advisor may not, under any circumstances, be
24   dismissed, suspended, disciplined, reassigned or transferred by
25   a school official for any of the following actions:
26             (1)   Taking reasonable and appropriate action to protect
27      a student journalist engaging in conduct established under
28      the school entity's policies.
29             (2)   Refusing to infringe on the conduct by a student
30      journalist that is protected by the school entity's policies,

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1      the First Amendment of the Constitution of the United States
2      or section 7 of Article I of the Constitution of
3      Pennsylvania.
4      Section 2.   All regulations and parts of regulations are
5   abrogated insofar as they are inconsistent with the addition of
6   Article XV-O of the act.
7      Section 3.   This act shall take effect in 60 days.




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