HR 105: SUPPORTING FREE AND RESPONSIBLE SCHOLASTIC JOURNALISM AND ACTIVELY SUPPORTING AND HONORING THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION IN STUDENT PUBLICATIONS.

HOUSE RESOLUTION

SUPPORTING FREE AND RESPONSIBLE SCHOLASTIC JOURNALISM AND ACTIVELY SUPPORTING AND HONORING THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION IN STUDENT PUBLICATIONS.

     WHEREAS, the Department of Education distributes to every student a Student Publication/Audio/Video Release Form "in order to protect students' rights to privacy as outlined in the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA),"; and

     WHEREAS, the Student Publication/Audio/Video Release Form must be returned with a parent's signature so that, as stated on the Form, "the student's names and/or likenesses, photo, video, and/or audio may be used in HIDOE school-related publication print and analog/digital media"; and

     WHEREAS, the Student Publication/Audio/Video Release Form lists "name and picture in annual yearbook" as an example of a Department of Education or school-related publication covered by FERPA; and

     WHEREAS, in a survey of high school student media advisers, all advisers indicated they believe their administrator believes a signed Student Publication/Audio/Video Release form is required to use a student's name and/or photo in school-sponsored student-produced media, such as yearbooks, newspapers, broadcasts, and literary magazines; and

     WHEREAS, the Hawaii Student Journalism Protection Act, enacted under Act 24, Session Laws of Hawaii 2022, and Board of Education Policy 101-9 allows student journalists at public schools to exercise freedom of speech and freedom of the press in school-sponsored media, and protects advisers from retaliation for refusing to infringe upon student press freedom; and

     WHEREAS, the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 state that a student journalist shall be responsible for determining the news, opinion, feature, and advertising content of school-sponsored media; and

     WHEREAS, the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 define "student media" as material:

     (1)  Prepared, written, published, or broadcast in any media by a student journalist at a school;

     (2)  Distributed or generally made available, either free of charge or for a fee, to members of the student body; and

     (3)  Prepared under the direction of a student media adviser, regardless of whether the material is supported financially by the school or by use of facilities of the school or produced in conjunction with a class for which the student is enrolled; and

     WHEREAS, the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 state that there shall be no prior constraint of material prepared for school-sponsored media except if the material:

     (1)  Is libelous or slanderous;

     (2)  Constitutes a clearly unwarranted invasion of personal;

     (3)  Violates state or federal law;

     (4)  Is obscene; or

     (5)  So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of lawful school or board policies, or the material and substantial disruption of the orderly operation of the school; provided that the determination of a risk of material and substantial disruption shall be based upon specific facts, including past experience at the school and current events influencing student behavior, and not on undifferentiated fear or apprehension; and

     WHEREAS, FERPA only restricts the release of information by school officials; outside parties, including student journalists, who are neither employees nor agents of the school, are not covered by FERPA; and

     WHEREAS, minors can give consent as long as they are cognitively able to understand what it means to talk to a journalist; and

     WHEREAS, student journalists follow the Society of Professional Journalists Code of Ethics to:

     (1)  Seek truth and report it;

     (2)  Minimize harm;

     (3)  Act independently; and

     (4)  Be accountable and transparent; and

     WHEREAS, applying FERPA to student media is unnecessarily placing prior constraint on student journalists; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that this body supports free and responsible scholastic journalism and actively supports and honors the First Amendment of the United States Constitution in student publications; and

     BE IT FURTHER RESOLVED that the Department of Education is requested to, no later than December 31, 2025:

     (1)  Inform administrators that parent consent is not a legal requirement for publishing student names and photos in school-sponsored student-produced media; provided that the information is:

          (A)  Posted in a medium conspicuous to administrators and advisers of school-sponsored student-produced media; and

          (B)  Located across any media storage or document storage maintained by the Department of Education wherever the Student Publication/Audio/Video Release Form-General currently exists as a supplemental or advisory document;

     (2)  Revise the current Student Publication/Audio/Video Release Form-General to remove any language that would lead a reasonable person to assume the Form applies to school-sponsored student-produced media; and

     (3)  Update the Department of Education website related to student privacy to align with the revised Student Publication/Audio/Video Release Form; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chair of the Board of Education and Superintendent of Education.

Report Title: 

Department of Education; Journalism

HOUSE RESOLUTION

Supporting free and responsible scholastic journalism and ACTIVELY supporting and honoring the first amendment of the united states constitution in student publications.

     WHEREAS, the Department of Education distributes to every student a Student Publication/Audio/Video Release Form "in order to protect students' rights to privacy as outlined in the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA),"; and

     WHEREAS, the Student Publication/Audio/Video Release Form must be returned with a parent's signature so that, as stated on the Form, "the student's names and/or likenesses, photo, video, and/or audio may be used in HIDOE school-related publication print and analog/digital media"; and

     WHEREAS, the Student Publication/Audio/Video Release Form lists "name and picture in annual yearbook" as an example of a Department of Education or school-related publication covered by FERPA; and

     WHEREAS, in a survey of high school student media advisers, all indicated they believe their administrator believes a signed Student Publication/Audio/Video Release form is required in order to use a student's name and/or photo in school-sponsored student-produced media, such as yearbooks, newspapers, broadcasts, and literary magazines; and

     WHEREAS, the Hawaii Student Journalism Protection Act, enacted under Act 24, Session Laws of Hawaii 2022, and Board of Education Policy 101-9 allows student journalists at public schools to exercise freedom of speech and freedom of the press in school-sponsored media, and protects advisers from retaliation for refusing to infringe upon student press freedom; and

     WHEREAS, the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 state that a student journalist shall be responsible for determining the news, opinion, feature, and advertising content of school-sponsored media; and

     WHEREAS, the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 define "student media" as material:

     (1)  Prepared, written, published, or broadcast in any media by a student journalist at a school;

     (2)  Distributed or generally made available, either free of charge or for a fee, to members of the student body; and

     (3)  Prepared under the direction of a student media advisor, regardless of whether the material is supported financially by the school or by use of facilities of the school or produced in conjunction with a class for which the student is enrolled; and

     WHEREAS, the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 state that there shall be no prior constraint of material prepared for school-sponsored media except if the material is:

     (1)  Is libelous or slanderous;

     (2)  Constitutes a clearly unwarranted invasion of personal;

     (3)  Violates state or federal law;

     (4)  Is obscene; or

     (5)  So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of lawful school or board policies, or the material and substantial disruption of the orderly operation of the school; provided that the determination of a risk of material and substantial disruption shall be based upon specific facts, including past experience at the school and current events influencing student behavior, and not on undifferentiated fear or apprehension; and

     WHEREAS, FERPA only restricts the release of information by school officials; outside parties, including student journalists, who are neither employees nor agents of the school, are not covered by FERPA; and

     WHEREAS, minors can give consent as long as they are cognitively able to understand what it means to talk to a journalist; and

     WHEREAS, student journalists follow the Society of Professional Journalists Code of Ethics to:

     (1)  Seek truth and report it;

     (2)  Minimize harm;

     (3)  Act independently; and

     (4)  Be accountable and transparent; and

     WHEREAS, applying FERPA to student media is unnecessarily placing prior constraint on student journalists; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that this body supports free and responsible scholastic journalism and actively supports and honors the First Amendment of the United States Constitution in student publications; and

     BE IT FURTHER RESOLVED that the Department of Education is requested to:

     (1)  Inform administrators that parent consent is not a legal requirement for publishing student names and photos in school-sponsored student-produced media; provided that the information is:

          (A)  Posted in a medium conspicuous to administrators and advisers of school-sponsored student-produced media; and

          (B)  Located across any media storage or document storage maintained by the Department of Education wherever the Student Publication/Audio/Video Release Form-General currently exists as a supplemental or advisory document;

     (2)  Revise the current Student Publication/Audio/Video Release Form-General to remove any language that would lead a reasonable person to assume the Form applies to school-sponsored student-produced media; and

     (3)  Update the Department of Education website related to student privacy to align with the revised Student Publication/Audio/Video Release Form; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chair of the Board of Education and Superintendent of Education.

Report Title: 

Department of Education; Journalism

STAND. COM. REP. NO.  1846

Honolulu, Hawaii

                , 2025

RE:   H.R. No. 105

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.R. No. 105, H.D. 1, entitled:

"HOUSE RESOLUTION SUPPORTING FREE AND RESPONSIBLE SCHOLASTIC JOURNALISM AND ACTIVELY SUPPORTING AND HONORING THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION IN STUDENT PUBLICATIONS,"

begs leave to report as follows:

     The purpose of this measure is to support free and responsible scholastic journalism in Hawaii schools and ensuring that student journalists can exercise their First Amendment rights without unnecessary restrictions. The resolution addresses concerns about the use of student names and photos in school-sponsored media like yearbooks, newspapers, and other student publications.

     Your Committee received testimony in support of this measure from The Student Press Law Center and from several individuals. Your Committee received testimony in opposition from one individual.

Your Committee finds that supporting free and responsible scholastic journalism is essential for fostering critical thinking, free expression, and civic engagement among students. Honoring the First Amendment ensures that student publications can operate without undue censorship, encouraging a culture of transparency and accountability.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 105, H.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1537

Honolulu, Hawaii

                , 2025

RE:   H.R. No. 105

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.R. No. 105 entitled:

"HOUSE RESOLUTION SUPPORTING FREE AND RESPONSIBLE SCHOLASTIC JOURNALISM AND ACTIVELY SUPPORTING AND HONORING THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION IN STUDENT PUBLICATIONS,"

begs leave to report as follows:

     The purpose of this measure is to declare that the Legislature supports free and responsible scholastic journalism and actively supports and honors the First Amendment of the United States Constitution in student publications.

     Your Committee received testimony in support of this measure from the Society of Professional Journalists Hawaii Professional Chapter; Student Press Law Center; Media Council Hawaii; and five individuals.

     Your Committee finds that the Department of Education distributes to every student a Student Publication/Audio/Video Release Form (Release Form) as a means to protect students' rights to privacy under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment.  This Release Form must be returned with a parent's signature to authorize the Department of Education to use a student's name and likeness, photo, video, or audio in school-related publication print, analog media, and digital media.  Your Committee further finds that the Hawaii Student Journalism Protection Act, enacted under Act 24, Session Laws of Hawaii 2022, and Board of Education Policy 101-9 allows student journalists at public schools to exercise freedom of speech and freedom of the press in school-sponsored media, and protects advisers from retaliation for refusing to infringe upon student press freedom.

     Your Committee notes that FERPA only restricts the release of information by school officials; outside parties, including student journalists, who are neither employees nor agents of the school, are not covered by FERPA.  Minors can give consent as long as they are cognitively able to understand what it means to talk to a journalist.  Your Committee believes that applying FERPA to student media through the Release Form is unnecessarily placing prior constraint on student journalists.

     Your Committee has amended this measure by:

     (1)  Specifying that the Department of Education is requested to inform administrators that parent consent is not a legal requirement for publishing student names and photos in school-sponsored student-produced media, revise the current Release Form to remove any language that would lead a reasonable person to assume the Release Form applies to school-sponsored student-produced media, and update the Department's website related to student privacy to align with the revised Release Form no later than December 31, 2025; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee concurs with the intent and purpose of H.R. No. 105, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.R. No. 105, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Education,