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90_HB0154
105 ILCS 5/27-23.5 new
Amends the School Code. Gives public school students the
right to exercise freedom of speech and freedom of the press
through publication and distribution of expression in
publications that are school sponsored, whether or not the
publications are supported financially by the school, by the
use of school facilities, or are produced in conjunction with
a class. Limits certain types of expression such as
expression that incites students to imminent lawless action.
Makes student editors of school-sponsored publications
responsible for determining the content of the publications
subject to prescribed limitations and standards. Requires
school boards to adopt a freedom of expression policy.
Protects school districts and officials that have not
interfered with or altered the content of student expression
from civil or criminal liability for expressions made or
published by students. Authorizes actions for injunctive or
declaratory relief to enforce freedom of expression rights.
LRB9000672THpk
LRB9000672THpk
1 AN ACT to amend the School Code by adding Section
2 27-23.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by adding Section
6 27-23.5 as follows:
7 (105 ILCS 5/27-23.5 new)
8 Sec. 27-23.5. Freedom of expression.
9 (a) Public school students shall have the right to
10 exercise freedom of speech and freedom of the press
11 including, but not limited to, the publication and
12 distribution of expression in school-sponsored publications,
13 whether or not the publications are supported financially by
14 the school, by the use of school facilities, or are produced
15 in conjunction with a class.
16 (b) Nothing in this Section shall be interpreted to
17 authorize expression by students that so incites students as
18 to cause imminent lawless action including the violation of
19 lawful school regulations or the material and substantial
20 disruption of the orderly operation of the school. School
21 officials must base a forecast of material and substantial
22 disruption on specific facts, including past experience in
23 the school and current events influencing student behavior
24 and not on undifferentiated fear or apprehension.
25 (c) Student editors of school sponsored publications
26 shall be responsible for determining the news, opinion, and
27 advertising content of their publications subject to the
28 limitations of this Section. It shall be the responsibility
29 of a journa1ism advisor of student publications within each
30 school to supervise the production of the school-sponsored
31 publication, to maintain professional standards of English
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1 and journalism, and to maintain the provisions of this
2 Section. No journalism advisor may be fired, transferred, or
3 removed from his or her position for refusing to suppress the
4 protected free expression rights of student journalists.
5 (d) School officials or school districts may not be held
6 responsible in any civil or criminal action for any
7 expression made or published by students unless school
8 officials have interfered with or altered the content of the
9 student expression.
10 (e) Each governing board of a school district shall
11 adopt rules and regulations in the form of a written student
12 freedom of expression policy in accordance with this Section
13 that shall include reasonable provisions for the time, place,
14 and manner of student expression and that shall be
15 distributed to all students at the beginning of each school
16 year.
17 (f) Any student, individually or through parent or
18 guardian or journalism advisor, may institute proceedings for
19 injunctive or declaratory relief in the circuit court to
20 enforce the rights provided in this Section.