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A BILL TO BE ENTITLED
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AN ACT
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relating to speech protections for student newspapers in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 25, Education Code, is |
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amended by adding Section 25.904 to read as follows: |
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Sec. 25.904. STUDENT NEWSPAPER. (a) In this section, |
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"protected speech" means speech protected by the First Amendment to |
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the United States Constitution or by Section 8, Article I, Texas |
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Constitution. |
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(b) The board of trustees of a school district shall adopt a |
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policy providing for freedom of the press for students who publish a |
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student newspaper as part of a journalism, newspaper, yearbook, or |
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writing course or club, regardless of whether the newspaper is |
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published using the district's money, equipment, or facilities. |
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(c) The policy must: |
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(1) permit students to determine the content of the |
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newspaper, so long as the content constitutes protected speech; |
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(2) prohibit the school district or any employee of |
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the district from censoring protected speech or from punishing a |
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student for engaging in protected speech; and |
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(3) limit the scope and duration of a district |
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employee's review of the newspaper before publication only to what |
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is reasonably necessary to: |
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(A) determine whether the newspaper contains |
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content other than protected speech; and |
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(B) if appropriate, remove content other than |
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protected speech from the newspaper. |
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(d) The publication of a student newspaper may not be |
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unreasonably delayed for purposes of conducting a review described |
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by Subsection (c)(3). |
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(e) An employee of a school district may not be subjected to |
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disciplinary action or any other form of punishment or retaliation |
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for acting to protect or refusing to infringe upon a student's |
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rights as provided by this section. |
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(f) The commissioner shall adopt rules as necessary to |
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implement this section, including rules establishing a process for |
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a student to appeal a school district employee's removal of content |
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from a student newspaper. |
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SECTION 2. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; [and] |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; and |
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(P) speech protections for student newspapers |
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under Section 25.904. |
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SECTION 3. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |