BILL REQ. #:  H-4503.1 

Read first time 01/28/2004.   Referred to Committee on Education.

     AN ACT Relating to student speech and expression in the public schools; and adding a new section to chapter 28A.320 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.320 RCW to read as follows:
     (1) By December 31, 2004, within existing resources, each school district board of directors must adopt or amend as necessary a written policy making reasonable provisions for students to exercise freedom of speech and expression, and freedom of the press on school grounds. The policy shall describe the rights and responsibilities of students regarding:
     (a) The use of school bulletin boards;
     (b) The distribution of printed material or petitions;
     (c) Self-expression in official school publications, and other publications;
     (d) The wearing of badges, buttons, and other insignia; and
     (e) The use of other school facilities for self-expression.
     (2) The policy required under subsection (1) of this section must include the following provisions:
     (a) Speech and expression shall be prohibited only if it:
     (i) Is obscene, libelous, or slanderous;
     (ii) Incites students and creates a clear and present danger of committing unlawful acts on school premises or violating school regulations; or
     (iii) Creates a substantial disruption to the orderly operation of the school;
     (b) Student editors of official school publications are responsible for assigning and editing the news, features, and editorial content of their publications, subject to the limitations of this section; and
     (c) Faculty advisers must supervise the student production staff of official school publications, maintain professional standards of journalism, and ensure that the provisions of the school policy are not violated.
     (3) School officials may not exercise prior restraint of material prepared for official school publications unless the speech or expression is prohibited under subsection (2)(a) of this section. School officials have the burden of showing justification without undue delay before any limitation of student expression.
     (4) For purposes of this section, "official school publication" means materials produced by students in journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.
     (5) Nothing in this section prohibits or prevents a school district board of directors from adopting otherwise valid rules regarding oral communication by students upon school premises.