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HB 0033 - Religious Viewpoints Antidiscrimination Act; enact

Tracking Level: Work
Sponsor: Rice,Tom 51st
Last Action: 1/16/2009 - House Second Readers
House Committee: Judy
Assigned To:
Student MattersNext Bill

Staff Analysis of the Legislation

SUMMARY:

This bill would amend Chapter 2 of Title 20 to provide students opportunities to express themselves regarding religious opinions, both verbally and in class assignments.

 

REQUIREMENTS:

General:

  • Systems may not discriminate based on religious viewpoints.
  • Systems must establish “limited public forums” at all school events where a student is to speak.
  • Systems must allow religious beliefs to be expressed in all class assignments.
  • Systems must adopt a policy by 2009-2010 on limited public forums and expressions of beliefs to include the following (a model policy is included in the bill, summarized later in this narrative, that must be “substantially identical” to the local policy):
    • A public forum cannot discriminate against a student’s voluntary expression of religious viewpoint;
    • A method must be established based on neutral criteria to select student speakers for events and graduation ceremonies;
    • A prohibition must be included on all vulgar language.
    • A statement that a student’s speech does not reflect endorsement of the system that will be used either in written or oral form as a disclaimer at all speaking events.
  • Systems cannot issue penalties on any school assignments based on religious content.
  • Systems must allow religious clubs to be organized just like other clubs with the same opportunities, but schools may disclaim sponsorship of religious clubs.

 

Policy in the Bill [local policy must be “substantially identical”]:

Non-Graduation Speaking Events:

  • There must be a limited public forum at all events where students speak in public.
  • There must be time limits that are reasonable and appropriate to the occasion.
  • Students SHALL introduce:
    • Any athletic event;
    • Opening announcements for the school day;
    • Any additional events, like assemblies and pep rallies.
  • Students eligible to speak:
    • Members of the highest 2 grades who hold positions as
      • Student council officers
      • Officers of the highest grade
      • Captains of sports teams
      • Other positions of honor as designated by school systems.
    • Students of any grade who hold positions of honor, such as team captains, kings and queens, etc.
  • Students shall be notified of their eligibility.
  • Students shall submit their desire to speak to the student council or designated body during an announced 3-day period at the beginning of the year or each semester.
  • Students’ names shall be drawn randomly until all names are drawn and listed in the order of the draw.
  • The list of student speakers shall then be matched chronologically to scheduled events throughout the year or semester.
  • The required disclaimer to the content of the students’ speeches may be written or expressed orally at each event [sample statement included]

 

Graduation Ceremonies:

  • Students eligible for limited public forum speeches at graduation ceremony:
    • Student council officers;
    • Graduating class officers;
    • Top 3 academically ranked graduates;
    • A shorter or longer list as designated by the system.
  • Scheduled graduation speakers are ineligible for opening or closing remarks, those honoring the occasion, bringing audiences to order and focusing the audience on the purpose of the event.
  • Names of eligible students will be randomly drawn with the first name drawn opening the ceremony and the second name drawn closing the ceremony.
  • Other students in “special positions of honor” such as the valedictorian, SHALL have speaking roles with time limits.
  • The bill specifies topics for speeches at graduation ceremonies and requires that the subject be designated for each speaker.
  • A disclaimer must be printed in the program as it is written in the bill

 

Class Assignments:

  • Student work must be judged by ordinary academic standards as identified by the school.
  • There can be no penalties for religious content.

 

Organizing Religious Groups and Activities:

  • Religious Groups have the same rights to organize as other groups, including access to facilities and the right to advertise.
  • Schools may disclaim sponsorship in a specified manner.

 

 

NOTES:

        This bill usurps the right of local boards of education to determine the manner in which events will be organized and conducted and how teachers will evaluate assignments.

        This bill has the potential to lengthen student events and graduation ceremonies to the point that audiences may begin to disrupt or leave the programs.

        There may be a question regarding the Constitutionality of this bill.

        A school administration would be greatly hampered by the specific details of the requirements of this bill to the point of distracting them from academic matters.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text