SF 4608

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/23/2022 09:24am

A bill for an act
relating to education; allowing public silent prayer at student athletic activities;
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.373] PUBLIC SILENT PRAYER AT A STUDENT ATHLETIC
ACTIVITY.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as "Coach Kennedy's Law."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings given.
new text end

new text begin (b) "Athletic department staff member" means a coach, assistant coach, athletic director,
or other employee responsible for coordinating or administering an athletic program for a
public educational agency or institution.
new text end

new text begin (c) "Student athlete" means a student who actively participates in a student athletic
activity, including a sport.
new text end

new text begin (d) "Student athletic activity" means any sport or other athletic activity related to
competition, practice, or training exercises, that is sponsored by a public educational agency
or institution and is intended for student athletes, and at which a coach or athletic director
is present in an official capacity as a coach or athletic director.
new text end

new text begin Subd. 3. new text end

new text begin Free exercise right of athletic department staff members. new text end

new text begin (a) Pursuant to
the free exercise clause of the First Amendment of the United States Constitution and article
I, section 16, of the Minnesota Constitution, an athletic department staff member may
designate a place and time before or after a student athletic activity for public silent prayer
that other persons, including student athletes, may choose to participate in.
new text end

new text begin (b) If a public educational agency or institution prohibits or takes adverse action against
an athletic department staff member for taking part in activities protected under this
subdivision, the athletic department staff member may pursue a civil cause of action in a
court of competent jurisdiction and may seek attorney fees, costs, injunctive relief, declaratory
relief, and other forms of relief deemed appropriate by the court.
new text end

new text begin Subd. 4. new text end

new text begin Fundamental right of student athletes to opt out. new text end

new text begin (a) Pursuant to the free
exercise clause of the First Amendment of the United States Constitution and article I,
section 16, of the Minnesota Constitution, an athletic department staff member may not
discriminate, discipline, or take adverse action against a student athlete for opting out of a
public silent prayer under subdivision 3.
new text end

new text begin (b) A student athlete or the parent of a student athlete has standing to pursue a civil
action in a court of competent jurisdiction against the athletic department staff member and
the public educational agency or institution for violation of the student's rights under this
subdivision. The student athlete or parents of the student athlete may seek attorney fees,
costs, injunctive relief, and other forms of relief deemed appropriate by the court.
new text end

new text begin Subd. 5. new text end

new text begin State High School League. new text end

new text begin The State High School League under chapter 128C
must adopt a policy that prohibits discrimination or adverse action against a student athlete
or athletic department staff member exercising a right under this section.
new text end

new text begin Subd. 6. new text end

new text begin Civil suits. new text end

new text begin If judgment on a claim under this section is rendered in favor of
the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad
faith, the court may also render judgment for reasonable attorney fees and costs in favor of
the defendant against the plaintiff.
new text end

new text begin Subd. 7. new text end

new text begin Construction. new text end

new text begin Nothing in this section prohibits an athletic department staff
member from engaging in nonsilent prayer during a student athletic activity or in verbal
prayer before, during, or after a student athletic activity.
new text end