The committee recommended permission to publish a new regulatory subsection requiring local boards to adopt written policies on student expression and public-comment procedures.

Mary Gable, Assistant State Superintendent for Student Support and Federal Programs, presented the draft regulation, saying it requires each local board to adopt a policy that explains students’ rights to express themselves, sets out procedures for requests and appeals, and identifies categories of unprotected speech (profane, vulgar, lewd, obscene, harassing or threatening language). Gable said the department prepared an accompanying memo, guidance and resources for superintendents and principals, and that a guidance document on student expression with detailed procedures is in development.

Committee members asked whether policies could vary by district. Gable said LEAs would determine their procedures but must conform to the regulation’s requirements. When asked about a timeline, Gable said MSDE would add language to require LEAs to be prepared for the 2026–27 school year so the policy can be included with student/family handbooks.

A motion to publish the regulation with the modified implementation timeline was moved, seconded and passed unanimously. The regulation does not require in-person or virtual format specifically; it requires LEAs to have written procedures and to make them available on websites and in student rights documents.

MSDE said it will provide a memo and guidance materials to assist LEAs in drafting policies, and that the draft regulation will be posted for public comment before returning to the full board.