Reporter Access to Public Schools
Q: What does state law say about reporters' access to K-12 campuses?Must reporters "check in" before they can access a campus for press purposes?Please let me know where I can find the appropriate sections of whatever statutes might apply.
A: Section 627.2 of the California Penal Code requires all "outsiders" to register with the principal (or designated official) before entering the buildings or grounds of a public school. However, the definition of "outsider" expressly excludes reporters and other media representatives. (See Cal. Pen. Code § 627.1. An outsider is defined in part as "any person other than . . . [a] person who comes within the provisions of Section 1070 of the Evidence Code by virtue of his or her current employment or occupation." Cal. Pen. Code § 627.1(a)(7). Section 1070 of the Evidence Code applies to "a publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed," and to "a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed. . . ." Cal. Evid. Code § 1070.)
Thus, California law provides that reporters may enter the grounds and buildings of a public school without prior permission. (See In re Rudolfo A., 110 Cal. App. 3d 845, 852 (1980) ("The general laws thus fail to prohibit unauthorized entry or presence on school grounds except under particular circumstances . . . .") An opinion from the California Attorney General, often cited by school administrators, argues that reasonable restrictions may be placed upon members of the news media when they seek access to school grounds. (See 79 Cal. Op. Att'y. Gen. 58 (June 10, 1996)). According to the Attorney General's Opinion, the Legislature has not authorized unlimited and unrestricted access to school premises by news media representatives or anyone else, and school officials may deny access to members of the news media, as they may deny access to anyone, if their presence would interfere with the peaceful conduct of the activities of the school. The Attorney General's opinion claims that school administrators may require members of the news media to follow reasonable conditions while they are on school grounds in order to prevent interference with the orderly educational activities of the school.
These conditions may restrict the news media representatives in the same manner that access by members of the general public may be limited, i.e., requiring registration, accompaniment by a staff member while on school grounds, and denial of permission to enter classes that are in session. However, school administrators may not require written parental permission before allowing members of the news media to interview students on the grounds students also have a federal constitutional right to freedom of speech. Under California law, students have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, except that expression shall be prohibited which is obscene, libelous, or slanderous.
Accordingly, school officials may not impose prior restraints upon students except in limited circumstances. Requiring parental permission for a student interview would constitute an impermissible prior restraint. The validity of the Attorney General's opinion is questionable. At least with respect to requiring reporters to register before going on school grounds, it appears to be directly contrary to California law. Moreover, unlike a court decision, it does not establish a controlling rule for how the law is to be applied. Therefore, the law still provides that reporters are not required to register before going on school grounds. Whether other conditions may be imposed is not clear, but reporters should try to find out if particular schools have policies that impose such conditions before going to the school. (2) Reporters may be required to leave public schools if requested to do so.
California law provides that people who are not pupils, parents, or employees of a public school, and who are not required by their employment to be at a public school, must leave the school if requested to do so by the principal or the designee of the principal. A request that someone leave the school can only be made on the basis that "it appears reasonable to the principal, or the designee of the principal to conclude that the continued presence of the person requested to depart would be disruptive of, or would interfere with, classes or other activities of the public school program." Failing to leave after being requested to do so, pursuant to this standard, is a misdemeanor, punishable pursuant to section 626.8 of the Penal Code.
However, one may not be convicted of a misdemeanor under this section of the Penal Code unless: (1) one was present at the school "without lawful business thereon"; (2) one's presence or acts "interfere with the peaceful conduct of the activities of the school or disrupt the school or its pupils or school activities"; and (3) one remains on or returns to the school grounds within seven days after being asked to leave. If you are asked to leave, you may appeal to the superintendent of the school district where the school is located. An appeal must be made "not later than the second succeeding school day" following your departure. The Superintendent must consider the appeal and render a decision within 24 hours. The Superintendent's decision may be appealed to the school board. That appeal also must be made by the second succeeding school day, and is to be decided by the school board at its next scheduled regular public meeting. The decision of the school board is final. However, reporters still have recourse to the courts if they disagree with the school board's decision.
