HB4821 - Relating to speech protections for student media publications in public schools.

  89R3153 ANG-F     By: Hinojosa H.B. No. 4821       A BILL TO BE ENTITLED   AN ACT   relating to speech protections for student media publications in   public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 25, Education Code, is   amended by adding Section 25.905 to read as follows:           Sec.   25.905.     STUDENT MEDIA PUBLICATIONS. (a)   In this   section:                 (1)     "Protected speech" means speech protected by the   First Amendment to the United States Constitution or by Section 8,   Article I, Texas Constitution.   The term does not include speech   that:                       (A)  is obscene;                       (B)  is defamatory, libelous, or slanderous;                       (C)     constitutes a clear, unwarranted invasion of   privacy;                       (D)     violates a federal or state law to the extent   that law conforms to the United States Constitution or the Texas   Constitution;                       (E)     advertises or promotes the purchase of a   product or service that is unlawful for purchase by minors;                       (F)     is intended to incite the imminent commission   of a crime or violation of school policy and is likely to produce   that result; or                       (G)  substantially disrupts a school's operation.                 (2)     "Student media publication" means any material   that is primarily prepared, written, published, or broadcast by   students enrolled at a school district campus who are under the   direction of a student media publication advisor if the material is   distributed or generally made available to students enrolled at the   campus.   The term does not include material intended for   distribution only in the classroom in which the material is   produced.                 (3)     "Student media publication advisor" means an   individual employed or designated by a school district or campus of   a district to supervise or provide instruction relating to student   media publications.           (b)     A student is entitled to exercise freedom of speech and   freedom of the press in producing any student media publication,   including by determining the content of the publication so long as   the content constitutes protected speech, regardless of whether the   publication is produced using the school district's money,   equipment, or facilities or in conjunction with any class in which   the student is enrolled.   A student may not be disciplined for   acting in accordance with this subsection.           (c)     Subsection (b) may not be construed to prohibit a   student media publication advisor from teaching professional   standards of English and journalism to students.           (d)     A student media publication advisor may not be subjected   to disciplinary action or any other form of punishment or   retaliation for acting to protect or refusing to infringe on a   student's rights as provided by this section.           (e)     The content of a student media publication may not be   construed as the policy or position of the campus at which the   publication is produced or the school district in which the campus   is located.           (f)     A school district, a student media publication advisor   of a district campus, or any employee of the district is not liable   in any civil or criminal action for the content of a student media   publication produced by students enrolled at a district campus   unless the district, advisor, or employee acted with wilful or   wanton misconduct in permitting the publication to be produced.           (g)     The board of trustees of a school district shall adopt a   written policy establishing rules regarding students'   right to   exercise freedom of speech and freedom of the press in producing any   student media publication.           (h)  The policy adopted under Subsection (g) may include:                 (1)     reasonable restrictions on the time, place, and   manner of student expression in a student media publication if   those restrictions:                       (A)     are necessary to further a compelling school   district interest and are the least restrictive means of furthering   that interest;                       (B)     employ clear, published, content-neutral,   and viewpoint-neutral criteria; and                       (C)     leave open ample alternative means of   expression; and                 (2)     limitations on speech that is not protected   speech, including speech the board of trustees defines as profane,   harassing, threatening, or intimidating.           (i)  A school administrator shall:                 (1)     interpret the policy adopted under Subsection (g)   in accordance with law; and                 (2)     determine whether a student media publication   includes speech that is not protected.           (j)     A student, individually or through the student's parent   or person standing in parental relation to the student, whose   freedom of speech, freedom of the press, or expressive rights have   been violated under this section or a student media publication   advisor may bring an action for injunctive relief to compel the   school district to comply with this section.           (k)     In addition to the injunctive relief under Subsection   (j), a person whose freedom of speech, freedom of the press, or   expressive rights are affected by a policy adopted by a school   district under this section may file suit against the district for   declaratory judgment in the manner provided by Chapter 37, Civil   Practice and Remedies Code.          SECTION 2.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,   37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and   37.2071 and Subchapter J, Chapter 37;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [ and ]                &#xA [Text truncated for display. 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