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HCR 109

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

2025 Regular Session Introduced by Terez Amato and 3 co-sponsors

HCR 109 requests HIDOE to clarify that parental consent is not legally required to publish student names or photos in school-sponsored student media, and to revise forms and guidan

Received from House (Hse. Com. No. 526).
#departmentofeducation #journalism
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Bill Summary · HCR 109

Summary — HCR 109 (2025)

Title: Supporting free and responsible scholastic journalism and actively supporting and honoring the First Amendment in student publications
Type: Concurrent resolution
Introduced: March 12, 2025
Status: Received from House (Hse. Com. No. 526); passed House as amended (HD1); placed on Resolutions Calendar.
Companions: SCR 19, HR 105

Purpose

HCR 109 expresses the Legislature’s support for scholastic freedom of speech and press, affirms First Amendment protections for student publications, and asks the Hawaii Department of Education (HIDOE) to clarify and change administrative materials and website language so that school officials and advisers do not mistakenly treat parental signature on a Student Publication/Audio/Video Release Form as a legal prerequisite for using student names or photos in school-sponsored, student-produced media.

Key findings the resolution cites

  • HIDOE distributes a Student Publication/Audio/Video Release Form that asks for parental signature to allow use of a student’s name/likeness in “HIDOE school-related publication print and analog/digital media,” and lists “name and picture in annual yearbook” as an example.
  • Many student media advisers report administrators believe that a signed release is required to publish student names/photos in student media.
  • The Hawaii Student Journalism Protection Act (Act 24, 2022) and BOE Policy 101-9 protect student press freedom and limit prior restraint in school-sponsored media.
  • FERPA restricts school officials’ release of education records but does not govern outside parties (e.g., student journalists); minors can give consent if they understand the implication.
  • Applying FERPA to student media creates unnecessary prior constraint on student journalism.

Requested actions (substantive provisions)

The resolution requests that the HIDOE:
1. Inform administrators that parent consent is not legally required to publish student names and photos in school-sponsored student-produced media, provided that this information is:
- Posted in a medium conspicuous to administrators and advisers of such media; and
- Located across any media or document storage maintained by HIDOE wherever the current Student Publication/Audio/Video Release Form–General exists as a supplemental or advisory document.
2. Revise the Student Publication/Audio/Video Release Form–General to remove wording that would reasonably lead a person to think the form applies to school-sponsored student-produced media.
3. Update the HIDOE website content related to student privacy to align with the revised form.

The HD1 version adds a deadline: the HIDOE is requested to complete these actions no later than December 31, 2025.

The resolution also directs certified copies be sent to the Chair of the Board of Education and the Superintendent of Education.

Who is affected

  • Student journalists and student media organizations (yearbooks, newspapers, broadcasts, literary magazines).
  • Student media advisers and school administrators (clarified duties and fewer ambiguities about consent).
  • Parents and students (clarity about when parental consent is or is not required).
  • HIDOE administrative processes, forms, and public-facing privacy guidance.

Legal effect and implications

  • As a concurrent resolution, HCR 109 is non-binding and does not change statute; it expresses legislative intent and requests administrative action by HIDOE.
  • If HIDOE complies, the practical effect would be reduced administrative barriers to student-produced media, clearer guidance distinguishing FERPA’s scope, and revised forms/web content to prevent over-application of parental-consent requirements.

Legislative/actions timeline (selected)

  • Filed: 03/12/2025
  • Referred to EDN, JHA; amended in HD1 (adds Dec. 31, 2025 deadline)
  • Reported favorably by committee and adopted in House 04/03/2025 (with recorded reservations/no votes)
  • Committee reports filed/distributed: May 2025; placed on Resolutions Calendar: 05/15/2025

Potential impacts to watch

  • Administrative response: whether HIDOE implements the requested revisions and posts the clarifying guidance widely.
  • Practice changes in schools: fewer instances of prior restraint or mistaken denial of publishing student names/photos in student-led media.
  • Interaction with existing statutory protections (Act 24, 2022) and BOE Policy 101-9: this resolution reinforces those protections but does not alter them legally.

Compiled from official sources — confirm details with the bill’s official record.

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