Supporting Free And Responsible Scholastic Journalism And Actively Supporting And Honoring The First Amendment Of The United States Constitution In Student Publications.
Summary
H.R. 105 is a House resolution expressing support for free and responsible scholastic journalism in Hawaii public schools and affirming First Amendment principles in student publications. The resolution is built around concerns that school administrators may be treating the Department of Education’s Student Publication/Audio/Video Release Form as a legal prerequisite for publishing student names, photos, audio, or video in school-sponsored student media such as yearbooks, newspapers, broadcasts, and literary magazines.
The resolution states that the Hawaii Student Journalism Protection Act and Board of Education Policy 101-9 already protect student journalists’ editorial independence and limit prior restraint, and it argues that FERPA restricts school officials rather than student journalists. It requests that the Department of Education inform administrators that parent consent is not legally required for publishing student names and photos in school-sponsored student-produced media, revise the release form so it is not read to apply to student media, and update the department’s student privacy website accordingly by December 31, 2025.
Impact
Because this is a resolution rather than a bill creating or amending statutes, it does not directly change state law. Its practical effect would be administrative: it urges the Department of Education to clarify guidance, revise forms and website language, and communicate to school administrators that the release form should not be treated as a legal barrier to student journalism. If followed, it would affect how public schools handle student publications, privacy forms, and the publication of student names and images in school-sponsored media.
Sentiment
The overall sentiment reflected in the resolution is strongly supportive of student press freedom and scholastic journalism. The measure frames the issue as one of protecting responsible student reporting and avoiding unnecessary restrictions on student journalists, while also emphasizing ethics, privacy, and responsible reporting. No vote or committee transcript is provided, so there is no recorded opposition or debate in the supplied materials.
Contention
The main point of contention is the interpretation of FERPA and the Department of Education’s release form. Supporters of the resolution argue that administrators are mistakenly treating parent consent as required for student-produced media, which they view as an improper prior restraint on student journalism. The opposing concern, implied by the resolution’s findings, is student privacy and the desire of schools to use a consent form to protect names, photos, and other likenesses. The resolution seeks to resolve that tension by distinguishing school-official disclosure rules from student journalists’ editorial work.
Same As
Supporting Free And Responsible Scholastic Journalism And Actively Supporting And Honoring The First Amendment Of The United States Constitution In Student Publications.