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A BILL TO BE ENTITLED
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AN ACT
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relating to voluntary student expression of religious viewpoints in |
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public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the "Religious |
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Viewpoints Antidiscrimination Act" or the "Schoolchildren's |
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Religious Liberties Act." |
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SECTION 2. Chapter 25, Education Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS |
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Sec. 25.151. STUDENT EXPRESSION. A school district shall |
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treat a student's voluntary expression of a religious viewpoint, if |
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any, on an otherwise permissible subject in the same manner the |
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district treats a student's voluntary expression of a secular or |
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other viewpoint on an otherwise permissible subject and may not |
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discriminate against the student based on a religious viewpoint |
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expressed by the student on an otherwise permissible subject. |
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Sec. 25.152. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. |
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(a) To ensure that the school district does not discriminate |
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against a student's publicly stated voluntary expression of a |
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religious viewpoint, if any, and to eliminate any actual or |
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perceived affirmative school sponsorship or attribution to the |
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district of a student's expression of a religious viewpoint, if |
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any, a school district shall adopt a policy, which must include the |
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establishment of a limited public forum for student speakers at all |
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school events at which a student is to publicly speak. The policy |
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regarding the limited public forum must also require the school |
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district to: |
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(1) provide the forum in a manner that does not |
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discriminate against a student's voluntary expression of a |
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religious viewpoint, if any, on an otherwise permissible subject; |
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(2) provide a method, based on neutral criteria, for |
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the selection of student speakers at school events and graduation |
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ceremonies; |
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(3) ensure that a student speaker does not engage in |
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obscene, vulgar, offensively lewd, or indecent speech; and |
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(4) state, in writing, orally, or both, that the |
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student's speech does not reflect the endorsement, sponsorship, |
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position, or expression of the district. |
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(b) The school district disclaimer required by Subsection |
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(a)(4) must be provided at all graduation ceremonies. The school |
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district must also continue to provide the disclaimer at any other |
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event in which a student speaks publicly for as long as a need |
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exists to dispel confusion over the district's nonsponsorship of |
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the student's speech. |
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(c) Student expression on an otherwise permissible subject |
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may not be excluded from the limited public forum because the |
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subject is expressed from a religious viewpoint. |
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Sec. 25.153. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. |
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Students may express their beliefs about religion in homework, |
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artwork, and other written and oral assignments free from |
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discrimination based on the religious content of their submissions. |
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Homework and classroom assignments must be judged by ordinary |
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academic standards of substance and relevance and against other |
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legitimate pedagogical concerns identified by the school district. |
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Students may not be penalized or rewarded on account of the |
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religious content of their work. |
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Sec. 25.154. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND |
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ACTIVITIES. Students may organize prayer groups, religious clubs, |
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"see you at the pole" gatherings, or other religious gatherings |
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before, during, and after school to the same extent that students |
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are permitted to organize other noncurricular student activities |
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and groups. Religious groups must be given the same access to |
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school facilities for assembling as is given to other noncurricular |
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groups without discrimination based on the religious content of the |
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students' expression. If student groups that meet for nonreligious |
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activities are permitted to advertise or announce meetings of the |
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groups, the school district may not discriminate against groups |
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that meet for prayer or other religious speech. A school district |
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may disclaim school sponsorship of noncurricular groups and events |
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in a manner that neither favors nor disfavors groups that meet to |
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engage in prayer or religious speech. |
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Sec. 25.155. ADOPTION OF POLICY. A school district shall |
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adopt and implement a local policy regarding a limited public forum |
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and voluntary student expression of religious viewpoints. If a |
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school district voluntarily adopts and follows the model policy |
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governing voluntary religious expression in public schools as |
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provided by Section 25.156, the district is in compliance with the |
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provisions of this subchapter covered by the model policy. |
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Sec. 25.156. MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS |
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EXPRESSION IN PUBLIC SCHOOLS. In this section, "model policy" |
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means a local policy adopted by the school district that is |
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substantially identical to the following: |
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ARTICLE I |
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STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS |
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The school district shall treat a student's voluntary |
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expression of a religious viewpoint, if any, on an otherwise |
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permissible subject in the same manner the district treats a |
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student's voluntary expression of a secular or other viewpoint on |
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an otherwise permissible subject and may not discriminate against |
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the student based on a religious viewpoint expressed by the student |
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on an otherwise permissible subject. |
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ARTICLE II |
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STUDENT SPEAKERS AT NONGRADUATION EVENTS |
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The school district hereby creates a limited public forum for |
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student speakers at all school events at which a student is to |
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publicly speak. For each speaker, the district shall set a maximum |
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time limit reasonable and appropriate to the occasion. Student |
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speakers shall introduce: |
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(1) football games; |
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(2) any other athletic events designated by the |
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district; |
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(3) opening announcements and greetings for the school |
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day; and |
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(4) any additional events designated by the district, |
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which may include, without limitation, assemblies and pep rallies. |
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The forum shall be limited in the manner provided by this |
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article. |
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Only those students in the highest two grade levels of the |
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school and who hold one of the following positions of honor based on |
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neutral criteria are eligible to use the limited public forum: |
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student council officers, class officers of the highest grade level |
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in the school, captains of the football team, and other students |
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holding positions of honor as the school district may designate. |
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An eligible student shall be notified of the student's |
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eligibility, and a student who wishes to participate as an |
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introducing speaker shall submit the student's name to the student |
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council or other designated body during an announced period of not |
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less than three days. The announced period may be at the beginning |
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of the school year, at the end of the preceding school year so |
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student speakers are in place for the new year, or, if the selection |
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process will be repeated each semester, at the beginning of each |
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semester or at the end of the preceding semester so speakers are in |
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place for the next semester. The names of the volunteering student |
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speakers shall be randomly drawn until all names have been |
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selected, and the names shall be listed in the order drawn. Each |
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selected student will be matched chronologically to the event for |
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which the student will be giving the introduction. Each student may |
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speak for one week at a time for all introductions of events that |
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week, or rotate after each speaking event, or otherwise as |
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determined by the district. The list of student speakers shall be |
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chronologically repeated as needed, in the same order. The |
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district may repeat the selection process each semester rather than |
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once a year. |
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The subject of the student introductions must be related to |
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the purpose of the event and to the purpose of marking the opening |
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of the event, honoring the occasion, the participants, and those in |
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attendance, bringing the audience to order, and focusing the |
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audience on the purpose of the event. The subject must be |
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designated, a student must stay on the subject, and the student may |
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not engage in obscene, vulgar, offensively lewd, or indecent |
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speech. The school district shall treat a student's voluntary |
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expression of a religious viewpoint, if any, on an otherwise |
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permissible subject in the same manner the district treats a |
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student's voluntary expression of a secular or other viewpoint on |
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an otherwise permissible subject and may not discriminate against |
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the student based on a religious viewpoint expressed by the student |
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on an otherwise permissible subject. |
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For as long as there is a need to dispel confusion over the |
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nonsponsorship of the student's speech, at each event in which a |
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student will deliver an introduction, a disclaimer shall be stated |
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in written or oral form, or both, such as, "The student giving the |
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introduction for this event is a volunteering student selected on |
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neutral criteria to introduce the event. The content of the |
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introduction is the private expression of the student and does not |
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reflect the endorsement, sponsorship, position, or expression of |
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the school district." |
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Certain students who have attained special positions of honor |
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in the school have traditionally addressed school audiences from |
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time to time as a tangential component of their achieved positions |
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of honor, such as the captains of various sports teams, student |
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council officers, class officers, homecoming kings and queens, prom |
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kings and queens, and the like, and have attained their positions |
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based on neutral criteria. Nothing in this policy eliminates the |
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continuation of the practice of having these students, irrespective |
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of grade level, address school audiences in the normal course of |
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their respective positions. The school district shall create a |
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limited public forum for the speakers and shall treat a student's |
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voluntary expression of a religious viewpoint, if any, on an |
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otherwise permissible subject in the same manner the district |
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treats a student's voluntary expression of a secular or other |
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viewpoint on an otherwise permissible subject and may not |
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discriminate against the student based on a religious viewpoint |
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expressed by the student on an otherwise permissible subject. |
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ARTICLE III |
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STUDENT SPEAKERS AT GRADUATION CEREMONIES |
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The school district hereby creates a limited public forum |
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consisting of an opportunity for a student to speak to begin |
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graduation ceremonies and another student to speak to end |
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graduation ceremonies. For each speaker, the district shall set a |
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maximum time limit reasonable and appropriate to the occasion. |
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The forum shall be limited in the manner provided by this |
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article. |
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Only students who are graduating and who hold one of the |
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following neutral criteria positions of honor shall be eligible to |
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use the limited public forum: student council officers, class |
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officers of the graduating class, the top three academically ranked |
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graduates, or a shorter or longer list of student leaders as the |
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school district may designate. A student who will otherwise have a |
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speaking role in the graduation ceremonies is ineligible to give |
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the opening and closing remarks. The names of the eligible |
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volunteering students will be randomly drawn. The first name drawn |
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will give the opening and the second name drawn will give the |
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closing. |
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The topic of the opening and closing remarks must be related |
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to the purpose of the graduation ceremony and to the purpose of |
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marking the opening and closing of the event, honoring the |
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occasion, the participants, and those in attendance, bringing the |
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audience to order, and focusing the audience on the purpose of the |
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event. |
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In addition to the students giving the opening and closing |
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remarks, certain other students who have attained special positions |
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of honor based on neutral criteria, including, without limitation, |
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the valedictorian, will have speaking roles at graduation |
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ceremonies. For each speaker, the school district shall set a |
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maximum time limit reasonable and appropriate to the occasion and |
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to the position held by the speaker. For this purpose, the district |
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creates a limited public forum for these students to deliver the |
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addresses. The subject of the addresses must be related to the |
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purpose of the graduation ceremony, marking and honoring the |
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occasion, honoring the participants and those in attendance, and |
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the student's perspective on purpose, achievement, life, school, |
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graduation, and looking forward to the future. |
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The subject must be designated for each student speaker, the |
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student must stay on the subject, and the student may not engage in |
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obscene, vulgar, offensively lewd, or indecent speech. The school |
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district shall treat a student's voluntary expression of a |
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religious viewpoint, if any, on an otherwise permissible subject in |
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the same manner the district treats a student's voluntary |
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expression of a secular or other viewpoint on an otherwise |
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permissible subject and may not discriminate against the student |
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based on a religious viewpoint expressed by the student on an |
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otherwise permissible subject. |
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A written disclaimer shall be printed in the graduation |
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program that states, "The students who will be speaking at the |
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graduation ceremony were selected based on neutral criteria to |
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deliver messages of the students' own choices. The content of each |
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student speaker's message is the private expression of the |
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individual student and does not reflect any position or expression |
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of the school district or the board of trustees, or the district's |
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administration, or employees of the district, or the views of any |
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other graduate. The contents of these messages were prepared by the |
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student volunteers, and the district refrained from any interaction |
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with student speakers regarding the student speakers' viewpoints on |
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permissible subjects." |
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ARTICLE IV |
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RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS |
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Students may express the students' beliefs about religion in |
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homework, artwork, and other written and oral assignments free from |
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discrimination based on the religious content of the students' |
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submission. Homework and classroom work shall be judged by |
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ordinary academic standards of substance and relevance and against |
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other legitimate pedagogical concerns identified by the school. |
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Students may not be penalized or rewarded on account of religious |
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content. If a teacher's assignment involves writing a poem, the |
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work of a student who submits a poem in the form of a prayer (for |
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example, a psalm) should be judged on the basis of academic |
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standards, including literary quality, and not penalized or |
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rewarded on account of its religious content. |
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ARTICLE V |
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FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES |
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Students may organize prayer groups, religious clubs, "see |
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you at the pole" gatherings, and other religious gatherings before, |
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during, and after school to the same extent that students are |
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permitted to organize other noncurricular student activities and |
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groups. Religious groups must be given the same access to school |
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facilities for assembling as is given to other noncurricular |
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groups, without discrimination based on the religious content of |
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the group's expression. If student groups that meet for |
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nonreligious activities are permitted to advertise or announce the |
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groups' meetings, for example, by advertising in a student |
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newspaper, putting up posters, making announcements on a student |
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activities bulletin board or public address system, or handing out |
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leaflets, school authorities may not discriminate against groups |
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that meet for prayer or other religious speech. School authorities |
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may disclaim sponsorship of noncurricular groups and events, |
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provided they administer the disclaimer in a manner that does not |
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favor or disfavor groups that meet to engage in prayer or other |
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religious speech. |
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SECTION 3. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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