HF 2537

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:11pm

A bill for an act
relating to education; clarifying First Amendment speech and press rights of
student journalists in kindergarten through grade 12; proposing coding for new
law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.80] STUDENT PUBLICATIONS; STUDENT EXPRESSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "School-sponsored media" means any material:
new text end

new text begin (1) prepared, wholly or substantially written, published, broadcast, or otherwise
disseminated by a student journalist enrolled in a public school, including a charter school;
new text end

new text begin (2) distributed or generally made available to students in the school; and
new text end

new text begin (3) prepared by the student journalist under the supervision of a student media advisor.
new text end

new text begin School-sponsored media does not include any media prepared solely for distribution or
transmission in the classroom where the media is produced.
new text end

new text begin (c) "School official" means a school principal under section 123B.147 or other
licensed professional who participates in supporting, supervising, or administering the
education program of a school building.
new text end

new text begin (d) "Student journalist" means a public school student who gathers, compiles,
writes, edits, photographs, records, or otherwise prepares information for dissemination in
school-sponsored media.
new text end

new text begin (e) "Student media advisor" means a person who a school district employs, appoints,
or designates to supervise student journalists preparing school-sponsored media.
new text end

new text begin Subd. 2. new text end

new text begin Student journalists; rights to freedom of speech and freedom of the
press. new text end

new text begin Except as provided in subdivisions 3 and 4, paragraph (b), a student journalist has
the right to exercise freedom of speech and freedom of the press in school-sponsored
media, regardless of whether the school-sponsored media receives financial support from
the school or district, uses school equipment or facilities in its production, or is produced in
relationship to a class or course in which the student journalist is enrolled. Consistent with
subdivisions 3 and 4, paragraph (b), a student journalist who works on school-sponsored
media has the right to determine the news, opinion, feature, and advertising content of the
school-sponsored media. This subdivision does not prevent a student-media advisor from
teaching professional standards of English and journalism to student journalists.
new text end

new text begin Subd. 3. new text end

new text begin Unprotected expression. new text end

new text begin (a) This section does not authorize or protect
student expression that is libelous or slanderous; constitutes an unwarranted invasion of
privacy; violates federal or state law; or, in a school official's professional judgment,
so incites students as to:
new text end

new text begin (1) create a clear and present danger of the commission of unlawful acts on school
premises or the violation of lawful school policies or rules; or
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new text begin (2) cause a material and substantial disruption of school activities.
new text end

new text begin (b) A school or district may not authorize any prior restraint of any school-sponsored
media except under paragraph (a) or subdivision 4, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Student journalist policy. new text end

new text begin (a) Each school district and charter school must
adopt and post a student journalist policy consistent with this section. The policy must
include reasonable provisions for the time, place, and manner of student expression.
new text end

new text begin (b) The policy may limit student expression that, in a school official's professional
judgment, is profane, harassing, threatening, or intimidating.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end