HF 1771

as introduced - 88th Legislature (2013 - 2014) Posted on 03/03/2014 01:25pm

A bill for an act
relating to education; establishing the Student Religious Liberties Act; proposing
coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.08] STUDENT RELIGIOUS LIBERTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section shall be known and may be cited as the
"Student Religious Liberties Act of 2013."
new text end

new text begin Subd. 2. new text end

new text begin Student expression. new text end

new text begin A public school district shall not discriminate against
students or parents on the basis of a religious viewpoint or religious expression. A school
district shall treat a student's voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject in the same manner the district treats a student's voluntary
expression of a secular or other viewpoint on an otherwise permissible subject and may
not discriminate against the student based on a religious viewpoint expressed by the
student on an otherwise permissible subject.
new text end

new text begin Subd. 3. new text end

new text begin Religious expression in class assignments. new text end

new text begin Students may express their
beliefs about religion in homework, artwork, and other written and oral assignments free
from discrimination based on the religious content of their submissions. Homework and
classroom assignments must be judged by ordinary academic standards of substance and
relevance and against other legitimate pedagogical concerns identified by the school
district. Students may not be penalized or rewarded on account of the religious content of
their work. If an assignment requires a student's viewpoint to be expressed in coursework,
artwork, or other written or oral assignments, a public school shall not penalize or reward
a student on the basis of religious content or a religious viewpoint. In such an assignment,
a student's academic work that expresses a religious viewpoint shall be evaluated based
on ordinary academic standards of substance and relevance to the course curriculum or
requirements of the coursework or assignment.
new text end

new text begin Subd. 4. new text end

new text begin Freedom to organize religious groups and activities. new text end

new text begin (a) Students in
public schools may pray or engage in religious activities or religious expression before,
during, and after the school day in the same manner and to the same extent that students
may engage in nonreligious activities or expression. Students may organize prayer groups,
religious clubs, "see you at the pole" gatherings, or other religious gatherings before,
during, and after school to the same extent that students are permitted to organize other
noncurricular student activities and groups. Religious groups must be given the same
access to school facilities for assembling as is given to other noncurricular groups without
discrimination based on the religious content of the students' expression. If student groups
that meet for nonreligious activities are permitted to advertise or announce meetings of the
groups, the school district may not discriminate against groups that meet for prayer or
other religious speech. A school district may disclaim school sponsorship of noncurricular
groups and events in a manner that neither favors nor disfavors groups that meet to engage
in prayer or religious speech.
new text end

new text begin (b) Students in public schools may wear clothing, accessories, and jewelry that
display religious messages or religious symbols in the same manner and to the same extent
that other types of clothing, accessories, and jewelry that display messages or symbols
are permitted.
new text end

new text begin Subd. 5. new text end

new text begin Limited public forum; school district policy. new text end

new text begin (a) To ensure that the school
district does not discriminate against a student's publicly stated voluntary expression of a
religious viewpoint, if any, and to eliminate any actual or perceived affirmative school
sponsorship or attribution to the district of a student's expression of a religious viewpoint, if
any, a school district shall adopt a policy, which must include the establishment of a limited
public forum for student speakers at all school events at which a student is to publicly speak.
The policy regarding the limited public forum must also require the school district to:
new text end

new text begin (1) provide the forum in a manner that does not discriminate against a student's
voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;
new text end

new text begin (2) provide a method, based on neutral criteria, for the selection of student speakers
at school events and graduation ceremonies;
new text end

new text begin (3) ensure that a student speaker does not engage in obscene, vulgar, offensively
lewd, or indecent speech; and
new text end

new text begin (4) state, in writing, orally, or both, that the student's speech does not reflect the
endorsement, sponsorship, position, or expression of the district.
new text end

new text begin (b) The school district disclaimer required by paragraph (a), clause (4), must be
provided at all graduation ceremonies. The school district must also continue to provide
the disclaimer at any other event in which a student speaks publicly for as long as a need
exists to dispel confusion over the district's nonsponsorship of the student's speech.
new text end

new text begin (c) Student expression on an otherwise permissible subject may not be excluded
from the limited public forum because the subject is expressed from a religious viewpoint.
new text end

new text begin (d) All school districts shall adopt and implement a local policy regarding a limited
public forum and voluntary student expression of religious viewpoints. If a school district
voluntarily adopts and follows the model policy governing voluntary religious expression
in public schools developed under subdivision 6, the district is in compliance with the
provisions of this section.
new text end

new text begin Subd. 6. new text end

new text begin State model policy. new text end

new text begin (a) The commissioner of education, in consultation
with representatives of the Minnesota School Board Association, the Minnesota
Association of School Administrators, the Minnesota Elementary School Principals'
Association, and the Minnesota Secondary School Principals' Association, shall develop
and maintain a state model policy. The commissioner must assist districts and schools
under this subdivision to implement the state policy. The state model policy must:
new text end

new text begin (1) define school events at which a limited public forum exists;
new text end

new text begin (2) set objective criteria for student selection for the limited public forums under
clause (1);
new text end

new text begin (3) provide wording for the disclaimers under subdivisions 4 and 5;
new text end

new text begin (4) provide guidance for graduation ceremonies;
new text end

new text begin (5) provide guidance on religious expression in class assignments under subdivision
3; and
new text end

new text begin (6) provide guidance on the organization of religious groups and activities under
subdivision 4.
new text end

new text begin (b) The commissioner shall develop and post departmental procedures for:
new text end

new text begin (1) periodically reviewing district and school programs and policies for compliance
with this section;
new text end

new text begin (2) investigating, reporting, and responding to noncompliance with this section; and
new text end

new text begin (3) allowing students, parents, and educators to file a complaint about noncompliance
with the commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Statutory construction. new text end

new text begin (a) This section shall not be construed to
authorize this state or any of its political subdivisions to do either of the following:
new text end

new text begin (1) require any person to participate in prayer or in any other religious activity; or
new text end

new text begin (2) violate the constitutional rights of any person.
new text end

new text begin (b) This section shall not be construed to limit the authority of any public school to
do any of the following:
new text end

new text begin (1) maintain order and discipline on the campus of the public school in a content-
and viewpoint-neutral manner;
new text end

new text begin (2) protect the safety of students, employees, and visitors of the public school; or
new text end

new text begin (3) adopt and enforce policies and procedures regarding student speech at school
provided that the policies and procedures do not violate the rights of students as guaranteed
by the Constitutions of the United States and the state of Minnesota or other applicable law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2013-2014 school year and
later.
new text end