Kansas Attorney General Opinion 1992-137

ROBERT T. STEPHAN
ATTORNEY GENERAL
October 27, 1992
ATTORNEY GENERAL OPINION NO. 92- 137
Joe L. Levy
Counsel for Coffeyville
Community College
815 Union, P.O. Box 9
Coffeyville, Kansas 67337
Re: Schools--Student Publications Act--School District;
Applicability to Community Colleges
Synopsis: The provisions of the student publications act,
L.1992, ch. 5, §§ 1, 2, 3, are not applicable to
community colleges. Cited herein: L. 1992, ch.
5, §§ 1, 2, 3; U.S. Const., Amend. I.
*
Dear Mr. Levy:
As legal counsel for Coffeyville community college, you
request our opinion regarding whether the provisions of the
student publications act, set forth in L. 1992, ch. 5, S§ 1,
2, 3, are applicable to community colleges.
Section 3 of the student publications act states in part that
"[t]he liberty of the press in student publications shall be
protected. . . . Material shall not be suppressed solely
because it involves political or controversial subject
matter." The section then provides that materials may be
reviewed to ensure the materials are consistent with high
standards of English and journalism, and that certain
publications and expressions are not protected by the act.
Subsection (e) then states:

"(e) No publication or other expression
of matter by students in the exercise of
rights under this act shall be deemed to
be an expression of school district
policy. No school district, member of the
board of education or employee thereof,
shall be held responsible in any civil or
criminal action for any publication or
other expression of matter by students in
the exercise of rights under this act.
Student editors and other students of a
school district, if such student editors
and other students have attained the age
of majority, shall be held liable in any
civil or criminal action for matter
expressed in student publications to the
extent of any such student editor's or
other student's responsibility for an
involvement in the preparation and
publication of such matter." L. 1992,
ch. 5, § 3.
A fundamental rule of statutory construction is that the
intent of the legislature governs when the intent can be
ascertained from the statute. Steele v. City of Wichita,
250 Kan. 524, 529 (1992). In construing statutes, legislative
intent is to be determined from a general consideration of the
entire act. Id. Legislative intent can be found in the
historical background of an enactment and the circumstances
attending its passage. Stauffer Communications, Inc. v.
Mitchell, 246 Kan. 492, 496 (1990).
The student publications act was enacted partly in response to
the decision of the United States Supreme Court expressed in
Hazelwood School District v. Kuhlmeier, 484 U.S. 260,
108 S.Ct. 562, 98 L.Ed.2d 592 (1988). See Minutes, Senate
Committee on Education, February 7, 1992. The case concerned
the "extent to which educators may exercise editorial control
over the contents of a high school newspaper produced as part
of the school's journalism curriculum." Id. at 262. In
that case, the court drew a distinction between a school's
obligation under the first amendment of the United States
constitution to tolerate particular student speech and the
school's obligation to affirmatively promote particular
student speech. The court then held "that educators do not
offend the First Amendment by exercising editorial control
over the style and content of student speech in
school-sponsored expressive activities so long as their

actions are reasonably related to legitimate pedagogical
concerns." Id. at 273.
After reviewing the entire act, it certainly appears that the
legislature intended for the provisions of the student
publications act to apply to school districts. School
district is defined in section 2(a) as "any public school
district organized and operating under the laws of this
state." Community colleges are not included within the
definition. Therefore, in our opinion, the provisions of the
student publications act, L.1992, ch. 5, §.§. 1, 2, 3, are not
applicable to community colleges.
Very truly yours,
ROBERT T. STEPHAN
Attorney General of Kansas
Richard D. Smith
Assistant Attorney General
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