Texas 2019 - 86th Regular

Texas House Bill HB2244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R21792 SOS-F
2		-	By: González of El Paso, Sanford, Bernal, H.B. No. 2244
3		-	Meyer
4		-	Substitute the following for H.B. No. 2244:
5		-	By: Talarico C.S.H.B. No. 2244
	1	+	86R3124 KJE-F
	2	+	By: González of El Paso H.B. No. 2244
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	relating to speech protections for student ~~media~~ publications in
11		-	~~public~~ schools.
	7	+	relating to speech protections for student publications in public
	8	+	schools.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Subchapter Z, Chapter 25, Education Code, is
14	11		amended by adding Section 25.903 to read as follows:
15		-	Sec. 25.903. STUDENT MEDIA PUBLICATIONS. (a) In this
16		-	section:
17		-	(1) "Protected speech" means speech protected by the
18		-	First Amendment to the United States Constitution or by Section 8,
19		-	Article I, Texas Constitution. The term does not include speech
20		-	that:
21		-	(A) is obscene;
22		-	(B) is defamatory, libelous, or slanderous;
23		-	(C) constitutes a clear, unwarranted invasion of
24		-	privacy;
25		-	(D) violates a federal or state law to the extent
26		-	that law conforms to the United States Constitution or the Texas
27		-	Constitution;
28		-	(E) advertises or promotes the purchase of a
29		-	product or service that is unlawful for purchase by minors;
30		-	(F) is intended to incite the imminent commission
31		-	of a crime or violation of school policy and is likely to produce
32		-	that result; or
33		-	(G) substantially disrupts a school's operation.
34		-	(2) "Student media publication" means any material
35		-	that is primarily prepared, written, published, or broadcast by
36		-	students enrolled at a school district campus who are under the
37		-	direction of a student media publication advisor if the material is
38		-	distributed or generally made available to students enrolled at the
39		-	campus. The term does not include material intended for
40		-	distribution only in the classroom in which the material is
41		-	produced.
42		-	(3) "Student media publication advisor" means an
43		-	individual employed or designated by a school district or a campus
44		-	of the district to supervise or provide instruction relating to
45		-	student media publications.
46		-	(b) A student is entitled to exercise freedom of speech and
47		-	freedom of the press in producing any student media publication,
48		-	including by determining the content of the publication so long as
49		-	the content constitutes protected speech, regardless of whether the
50		-	publication is produced using the school district's money,
51		-	equipment, or facilities or in conjunction with any class in which
52		-	the student is enrolled. A student may not be disciplined for
53		-	acting in accordance with this subsection.
54		-	(c) Subsection (b) may not be construed to prohibit a
55		-	student media publication advisor from teaching professional
56		-	standards of English and journalism to students.
57		-	(d) A student media publication advisor may not be subjected
58		-	to disciplinary action or any other form of punishment or
59		-	retaliation for acting to protect or refusing to infringe on a
60		-	student's rights as provided by this section.
61		-	(e) The content of a student media publication may not be
62		-	construed as the policy or position of the campus at which the
63		-	publication is produced or the school district in which the campus
64		-	is located.
65		-	(f) A school district, a student media publication advisor
66		-	of a district campus, or any employee of the district is not liable
67		-	in any civil or criminal action for the content of a student media
68		-	publication produced by students enrolled at a district campus
69		-	unless the district, advisor, or employee acted with wilful or
70		-	wanton misconduct in permitting the publication to be produced.
71		-	(g) The board of trustees of a school district shall adopt a
	12	+	Sec. 25.903. STUDENT PUBLICATIONS. (a) In this section,
	13	+	"protected speech" means speech protected by the First Amendment to
	14	+	the United States Constitution or by Section 8, Article I, Texas
	15	+	Constitution. The term does not include speech that:
	16	+	(1) is obscene or libelous;
	17	+	(2) is intended to incite the imminent commission of a
	18	+	crime or violation of school policy and is likely to produce that
	19	+	result; or
	20	+	(3) substantially disrupts a school's operation.
	21	+	(b) The board of trustees of a school district shall adopt a
72	22		written policy establishing rules regarding students' right to
73		-	exercise freedom of speech and freedom of the press in producing any
74		-	student media publication.
75		-	(h) The policy adopted under Subsection (g) may include:
76		-	(1) reasonable restrictions on the time, place, and
77		-	manner of student expression in a student media publication if
78		-	those restrictions:
79		-	(A) are necessary to further a compelling school
80		-	district interest and are the least restrictive means of furthering
81		-	that interest;
82		-	(B) employ clear, published, content-neutral,
83		-	and viewpoint-neutral criteria; and
84		-	(C) leave open ample alternative means of
85		-	expression; and
86		-	(2) limitations on speech that is not protected
87		-	speech, including speech the board of trustees defines as profane,
88		-	harassing, threatening, or intimidating.
89		-	(i) A school administrator shall:
90		-	(1) interpret the policy adopted under Subsection (g)
91		-	in accordance with law; and
92		-	(2) determine whether a student media publication
93		-	includes speech that is not protected.
94		-	(j) A student, individually or through the student's parent
95		-	or person standing in parental relation to the student, whose
96		-	freedom of speech, freedom of the press, or expressive rights have
97		-	been violated under this section or a student media publication
98		-	advisor may bring an action for injunctive relief to compel the
99		-	school district to comply with this section.
100		-	(k) In addition to the injunctive relief under Subsection
101		-	(j), a person whose freedom of speech, freedom of the press, or
102		-	expressive rights are affected by a policy adopted by a school
103		-	district under this section may file suit against the district for
104		-	declaratory judgment in the manner provided by Chapter 37, Civil
105		-	Practice and Remedies Code.
	23	+	exercise freedom of the press at school. The board may not impose
	24	+	greater restrictions on publications produced using the district's
	25	+	money, equipment, or facilities than those imposed on publications
	26	+	not produced using those resources.
	27	+	(c) The policy must:
	28	+	(1) permit students, under the guidance of a
	29	+	journalism or student publication advisor employed by the school
	30	+	district, to determine the content of the publication, so long as
	31	+	the content constitutes protected speech;
	32	+	(2) prohibit the school district or any employee of
	33	+	the district from censoring protected speech or from punishing a
	34	+	student for engaging in protected speech; and
	35	+	(3) limit the scope and duration of a district
	36	+	employee's review of the publication before being published only to
	37	+	what is reasonably necessary to:
	38	+	(A) determine whether the publication contains
	39	+	content other than protected speech; and
	40	+	(B) if appropriate, remove content other than
	41	+	protected speech from the publication.
	42	+	(d) The publication of a student publication may not be
	43	+	unreasonably delayed for purposes of conducting a review described
	44	+	by Subsection (c)(3).
	45	+	(e) An employee of a school district may not be subjected to
	46	+	disciplinary action or any other form of punishment or retaliation
	47	+	for acting to protect or refusing to infringe upon a student's
	48	+	rights as provided by this section.
	49	+	(f) The commissioner shall adopt rules as necessary to
	50	+	implement this section, including rules establishing a process for
	51	+	a student to appeal a school district employee's removal of content
	52	+	from a student publication.
106	53		SECTION 2. Section 12.104(b), Education Code, as amended by
107	54		Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
108	55		of the 85th Legislature, Regular Session, 2017, is reenacted and
109	56		amended to read as follows:
110	57		(b) An open-enrollment charter school is subject to:
111	58		(1) a provision of this title establishing a criminal
112	59		offense; and
113	60		(2) a prohibition, restriction, or requirement, as
114	61		applicable, imposed by this title or a rule adopted under this
115	62		title, relating to:
116	63		(A) the Public Education Information Management
117	64		System (PEIMS) to the extent necessary to monitor compliance with
118	65		this subchapter as determined by the commissioner;
119	66		(B) criminal history records under Subchapter C,
120	67		Chapter 22;
121	68		(C) reading instruments and accelerated reading
122	69		instruction programs under Section 28.006;
123	70		(D) accelerated instruction under Section
124	71		28.0211;
125	72		(E) high school graduation requirements under
126	73		Section 28.025;
127	74		(F) special education programs under Subchapter
128	75		A, Chapter 29;
129	76		(G) bilingual education under Subchapter B,
130	77		Chapter 29;
131	78		(H) prekindergarten programs under Subchapter E
132	79		or E-1, Chapter 29;
133	80		(I) extracurricular activities under Section
134	81		33.081;
135	82		(J) discipline management practices or behavior
136	83		management techniques under Section 37.0021;
137	84		(K) health and safety under Chapter 38;
138	85		(L) public school accountability under
139	86		Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
140	87		(M) the requirement under Section 21.006 to
141	88		report an educator's misconduct;
142	89		(N) intensive programs of instruction under
143	90		Section 28.0213;
144	91		(O) the right of a school employee to report a
145	92		crime, as provided by Section 37.148; [and]
146	93		(P) bullying prevention policies and procedures
147	94		under Section 37.0832;
148	95		(Q) the right of a school under Section 37.0052
149	96		to place a student who has engaged in certain bullying behavior in a
150	97		disciplinary alternative education program or to expel the student;
151	98		[and]
152	99		(R) the right under Section 37.0151 to report to
153	100		local law enforcement certain conduct constituting assault or
154	101		harassment;
155	102		(S) [(P)] a parent's right to information
156	103		regarding the provision of assistance for learning difficulties to
157	104		the parent's child as provided by Sections 26.004(b)(11) and
158	105		26.0081(c) and (d); and
159		-	(T) speech protections for student ~~media~~
160		-	~~publications~~ under Section 25.903.
	106	+	(T) speech protections for student publications
	107	+	under Section 25.903.
161	108		SECTION 3. This Act applies beginning with the 2019-2020
162	109		school year.
163	110		SECTION 4. To the extent of any conflict, this Act prevails
164	111		over another Act of the 86th Legislature, Regular Session, 2019,
165	112		relating to nonsubstantive additions to and corrections in enacted
166	113		codes.
167	114		SECTION 5. This Act takes effect immediately if it receives
168	115		a vote of two-thirds of all the members elected to each house, as
169	116		provided by Section 39, Article III, Texas Constitution. If this
170	117		Act does not receive the vote necessary for immediate effect, this
171	118		Act takes effect September 1, 2019.