Text of GA SB 361 (2018)

18 LC 33 7209ER S. B. 361 - 1 - Senate Bill 361 By: Senators Williams of the 27th, McKoon of the 29th, Ligon, Jr. of the 3rd, Payne of the 54th, Harbin of the 16th and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 1 elementary and secondary education, so as to provide for freedom of religious speech for 2 students and faculty members in public schools; to provide for student protections in student 3 expression, class assignments, organization of religious groups and activities, and limited 4 public forums; to provide for model policies by each local school system on student 5 expression; to provide for freedom of religious expression by faculty and employees of 6 public schools while fulfilling the duties of their jobs; to provide for statutory construction; 7 to provide for related matters; to provide for a short title; to provide for legislative findings; 8 to provide for applicability; to repeal conflicting laws; and for other purposes. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 10 SECTION 1. 11 This Act shall be known and may be cited as the "Coach Small Religious Protection Act." 12 SECTION 2. 13 The General Assembly finds: 14 (1) As the U.S. Supreme Court has recognized for almost 50 years, "[n]either students 15 [n]or teachers shed their constitutional rights to freedom of speech or expression at the 16 schoolhouse gate." Tinker v. Des Moines Independent Community School District, 393 17 U.S. 503, 506 (1969); 18 (2) Academic freedom derives from the right to free speech under the First Amendment 19 to the United States Constitution, which also guarantees the right to free exercise of 20 religion; 21 (3) The First Amendment guarantees that "private religious speech, far from being a First 22 Amendment orphan, is as fully protected under the Free Speech Clause as secular private 23 expression." Capitol Square Review & Advisory Bd. v. Pinette, 515 U.S. 753, 760 24 (1995); 25 18 LC 33 7209ER S. B. 361 - 2 - (4) The exercise of First Amendment rights on public school campuses in this state is a 26 critical component of the education experience for students and requires that each public 27 school in this state ensure free, robust, and uninhibited debate and deliberations by 28 students; 29 (5) While performing their assigned job duties, school employees are required to 30 maintain a position of neutrality toward religion; however, when interacting with other 31 school employees or when the context makes clear that the employee is not speaking on 32 behalf of the school, school employees are entitled to robust protections for their religious 33 expression; 34 (6) Public schools are being threatened by out-of-state special interest groups who 35 demand that schools adopt inaccurate interpretations of the First Amendment that 36 unlawfully restrict the freedom of students, teachers, and other public school employees 37 to engage in religious expression or otherwise exercise their freedom of religion, leading 38 to a stifling of constitutional rights; and 39 (7) Clear protection in state law is needed for students, teachers, and other school 40 employees in public schools in order to ensure First Amendment freedoms are protected, 41 to prevent against interference from out-of-state special interest groups, and to safeguard 42 academic freedom. 43 SECTION 3. 44 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and 45 secondary education, is amended by revising Article 20, which is reserved, as follows: 46 "ARTICLE 20 47 20-2-1030. 48 As used in this article, the term: 49 (1) 'Contract time' means those times when a faculty member or employee is required to 50 be on campus or at another designated location for the purpose of fulfilling the duties of 51 their employment, or when a faculty member or employee is otherwise acting as a 52 designated representative of the public elementary or secondary school. 53 (2) 'Model policy' means a policy adopted by a local school system that is substantially 54 similar to the policy provided in subsection (g) of Code Section 20-2-1031. Reserved. 55 20-2-1031. 56 (a) A local school system shall not discriminate against students or parents on the basis of 57 a religious viewpoint or religious expression. A local school system shall treat a student's 58 18 LC 33 7209ER S. B. 361 - 3 - voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject 59 in the same manner the local school system treats a student's voluntary expression of a 60 secular or other viewpoint on an otherwise permissible subject and may not discriminate 61 against the student based on a religious viewpoint expressed by the student on an otherwise 62 permissible subject. 63 (b) Students may express their beliefs about religion in homework, artwork, and other 64 written and oral assignments free from discrimination based on the religious content of 65 their submissions. Homework and classroom assignments shall be judged by ordinary 66 academic standards of substance and relevance and against other legitimate pedagogical 67 concerns identified by the local school system. Students may not be penalized or rewarded 68 on account of the religious content of their work. If an assignment requires a student's 69 viewpoint to be expressed in coursework or artwork or by other written or oral means, a 70 public school shall not penalize or reward a student on the basis of religious content or a 71 religious viewpoint. In such an assignment, a student's academic work that expresses a 72 religious viewpoint shall be evaluated based on ordinary academic standards of substance 73 and relevance to the course curriculum or requirements of the coursework or assignment. 74 (c) Students in public schools may pray or engage in religious activities or religious 75 expression before, during, and after the school day in the same manner and to the same 76 extent that students may engage in nonreligious activities or expression. Students may 77 organize prayer groups, religious clubs, 'see you at the pole' gatherings, or other religious 78 gatherings before, during, and after school to the same extent that students are permitted 79 to organize other noncurricular student activities and groups. A religious group shall be 80 given the same access to school facilities for assembling as is given to other noncurricular 81 groups without discrimination based on the religious content of the group's expression. If 82 student groups that meet for nonreligious activities are permitted to advertise or announce 83 meetings of the groups, the local school system may not discriminate against groups that 84 meet for prayer or other religious expression. A local school system may disclaim school 85 sponsorship of noncurricular groups and events in a manner that neither favors nor 86 disfavors groups that meet to engage in prayer or religious expression. Students in public 87 schools may wear clothing, accessories, and jewelry that display religious messages or 88 religious symbols in the same manner and to the same extent that other types of clothing, 89 accessories, and jewelry that display messages or symbols are permitted. 90 (d)(1) To ensure that a local school system does not discriminate against a student's 91 publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any 92 actual or perceived affirmative school sponsorship or attribution to the local school 93 system of a student's expression of a religious viewpoint, if any, a local school system 94 shall adopt a policy which shall include the establishment of a limited public forum for 95 18 LC 33 7209ER S. B. 361 - 4 - student speakers at all school events at which a student is to publicly speak. The policy 96 regarding the limited public forum shall also require the local school system to: 97 (A) Provide the forum in a manner that does not discriminate against a student's 98 voluntary expression of a religious viewpoint, if any, on an otherwise permissible 99 subject; 100 (B) Provide a method, based on neutral criteria, for the selection of student speakers 101 at school events and graduation ceremonies; 102 (C) Ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, 103 or indecent speech; and 104 (D) State in writing or orally, or both, that a student's speech does not reflect the 105 endorsement, sponsorship, position, or expression of the local school system. 106 (2) The local school system disclaimer required by subparagraph (D) of paragraph (1) 107 of this subsection shall be provided at all graduation ceremonies. The local school 108 system shall also continue to provide the disclaimer at any other event at which a student 109 speaks publicly for as long as a need exists to dispel confusion over the local school 110 system's nonsponsorship of a student's speech. 111 (e) Student expression on an otherwise permissible subject may not be excluded from the 112 limited public forum because the subject is expressed from a religious viewpoint. 113 (f) All local school systems shall adopt and implement a policy regarding a limited public 114 forum and voluntary student expression of religious viewpoints. If a local school system 115 voluntarily adopts and follows the model policy governing voluntary religious expression 116 in public schools as provided by subsection (g) of this Code section, then the local school 117 system is in compliance with the provisions of this article regarding the model policy. 118 (g) Each local school system shall adopt a policy that is substantially similar to the 119 following: 120 'ARTICLE I 121 STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS 122 The local school system shall treat a student's voluntary expression of a religious 123 viewpoint, if any, on an otherwise permissible subject in the same manner the local 124 school system treats a student's voluntary expression of a secular or other viewpoint 125 on an otherwise permissible subject and may not discriminate against the student 126 based on a religious viewpoint expressed by the student on an otherwise permissible 127 subject. 128 18 LC 33 7209ER S. B. 361 - 5 - ARTICLE II 129 STUDENT SPEAKERS AT NONGRADUATION EVENTS 130 The local school system hereby creates a limited public forum for student speakers 131 at all school events at which a student is to publicly speak. For each speaker, the local 132 school system shall set a maximum time limit reasonable and appropriate to the 133 occasion. Student speakers shall introduce: 134 (a) Football games; 135 (b) Any other athletic events designated by the local school system; 136 (c) Opening announcements and greetings for the school day; and 137 (d) Any additional events designated by the local school system, which may include, 138 without limitation, assemblies and pep rallies. 139 The forum shall be limited in the manner provided by this article. 140 Only those students in the highest two grade levels of the school and who hold one 141 of the following positions of honor based on neutral criteria are eligible to use the 142 limited public forum: student council officers, class officers of the two highest grade 143 levels in the school, captains of the football team, and other students holding positions 144 of honor as the local school system may designate. 145 An eligible student shall be notified of the student's eligibility, and a student who 146 wishes to participate as an introducing speaker shall submit his or her name to the 147 student council or other designated body during an announced period of not less than 148 three days. The announced period may be at the beginning of the school year, at the 149 end of the preceding school year so student speakers are in place for the new year, or, 150 if the selection process will be repeated each semester, at the beginning of each 151 semester or at the end of the preceding semester so speakers are in place for the next 152 semester. The names of the volunteering student speakers shall be randomly drawn 153 until all names have been selected, and the names shall be listed in the order drawn. 154 Each selected student will be matched chronologically to the event for which the 155 student will be giving the introduction. Each student may speak for one week at a 156 time for all introductions of events that week, or rotate after each speaking event, or 157 otherwise as determined by the local school system. The list of student speakers shall 158 be chronologically repeated as needed, in the same order. The local school system 159 may repeat the selection process each semester rather than annually. 160 The subject of a student introduction shall be related to the purpose of the event and 161 to the purpose of marking the opening of the event; honoring the occasion, the 162 participants, and those in attendance; bringing the audience to order; and focusing the 163 audience on the purpose of the event. The subject shall be designated and a student 164 shall stay on the subject and may not engage in obscene, vulgar, offensively lewd, or 165 18 LC 33 7209ER S. B. 361 - 6 - indecent speech. The local school system shall treat a student's voluntary expression 166 of a religious viewpoint, if any, on an otherwise permissible subject in the same 167 manner the local school system treats a student's voluntary expression of a secular or 168 other viewpoint on an otherwise permissible subject and may not discriminate against 169 the student based on a religious viewpoint expressed by the student on an otherwise 170 permissible subject. 171 For as long as there is a need to dispel confusion over the nonsponsorship of a 172 student's speech, at each event at which a student will deliver an introduction, a 173 disclaimer shall be stated in written or oral form, or both, such as: "The student giving 174 the introduction for this event is a volunteering student selected on neutral criteria to 175 introduce the event. The content of the introduction is the private expression of the 176 student and does not reflect the endorsement, sponsorship, position, or expression of 177 the local school system." 178 Certain students who have attained special positions of honor in the school have 179 traditionally addressed school audiences from time to time as a tangential component 180 of their achieved positions of honor, such as the captains of various sports teams, 181 student council officers, class officers, homecoming kings and queens, prom kings 182 and queens, and the like, and have attained their positions based on neutral criteria. 183 Nothing in this policy eliminates the continuation of the practice of having these 184 students, irrespective of grade level, address school audiences in the normal course 185 of their respective positions. The local school system shall create a limited public 186 forum for the speakers and shall treat a student's voluntary expression of a religious 187 viewpoint, if any, on an otherwise permissible subject in the same manner the local 188 school system treats a student's voluntary expression of a secular or other viewpoint 189 on an otherwise permissible subject and may not discriminate against the student 190 based on a religious viewpoint expressed by the student on an otherwise permissible 191 subject. 192 ARTICLE III 193 STUDENT SPEAKERS AT GRADUATION CEREMONIES 194 The local school system hereby creates a limited public forum consisting of an 195 opportunity for a student to speak to begin graduation ceremonies and another student 196 to speak to end graduation ceremonies. For each speaker, the local school system 197 shall set a maximum time limit reasonable and appropriate to the occasion. 198 The forum shall be limited in the manner provided by this article. 199 Only students who are graduating and who hold one of the following positions of 200 honor shall be eligible to use the limited public forum: student council officers, class 201 18 LC 33 7209ER S. B. 361 - 7 - officers of the graduating class, the top three academically ranked graduates, or a 202 shorter or longer list of student leaders as the local school system may designate. A 203 student who will otherwise have a speaking role in the graduation ceremonies is 204 ineligible to give the opening or closing remarks. The names of the eligible 205 volunteering students will be randomly drawn. The first name drawn will give the 206 opening remarks and the second name drawn will give the closing remarks. 207 The topic of the opening and closing remarks shall be related to the purpose of the 208 graduation ceremony and to the purpose of marking the opening and closing of the 209 event; honoring the occasion, the participants, and those in attendance; bringing the 210 audience to order; and focusing the audience on the purpose of the event. 211 In addition to the students giving the opening and closing remarks, certain other 212 students who have attained special positions of honor based on neutral criteria, 213 including, without limitation, the valedictorian, will have speaking roles at graduation 214 ceremonies. For each speaker, the local school system shall set a maximum time limit 215 reasonable and appropriate to the occasion and to the position held by the speaker. 216 For this purpose, the local school system creates a limited public forum for these 217 students to deliver the addresses. The subject of the addresses shall be related to the 218 purpose of the graduation ceremony, marking and honoring the occasion, honoring 219 the participants and those in attendance, and the student's perspective on purpose, 220 achievement, life, school, graduation, and looking forward to the future. 221 The subject shall be designated for each student speaker and the student shall stay on 222 the subject and may not engage in obscene, vulgar, offensively lewd, or indecent 223 speech. The local school system shall treat a student's voluntary expression of a 224 religious viewpoint, if any, on an otherwise permissible subject in the same manner 225 the local school system treats a student's voluntary expression of a secular or other 226 viewpoint on an otherwise permissible subject and may not discriminate against the 227 student based on a religious viewpoint expressed by the student on an otherwise 228 permissible subject. 229 A written disclaimer shall be printed in the graduation program that states: "The 230 students who will be speaking at the graduation ceremony were selected based on 231 neutral criteria to deliver messages of the students' own choices. The content of each 232 student speaker's message is the private expression of the individual student and does 233 not reflect any position or expression of the local school system or the board of 234 trustees, or the local school system's administration, or employees of the local school 235 system, or the views of any other graduate. The contents of these messages were 236 prepared by the student volunteers, and the local school system refrained from any 237 18 LC 33 7209ER S. B. 361 - 8 - interaction with student speakers regarding the student speakers' viewpoints on 238 permissible subjects." 239 ARTICLE IV 240 RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS 241 Students may express their beliefs about religion in homework, artwork, and other 242 written and oral assignments free from discrimination based on the religious content 243 of their submissions. Homework and classroom assignments shall be judged by 244 ordinary academic standards of substance and relevance and against other legitimate 245 pedagogical concerns identified by the school. Students may not be penalized or 246 rewarded on account of religious content. If a teacher's assignment involves writing 247 a poem, the work of a student who submits a poem in the form of a prayer (for 248 example, a psalm) should be judged on the basis of academic standards, including 249 literary quality, and not penalized or rewarded on account of its religious content. 250 ARTICLE V 251 FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES 252 Students may organize prayer groups, religious clubs, "see you at the pole" 253 gatherings, and other religious gatherings before, during, and after school to the same 254 extent that students are permitted to organize other noncurricular student activities 255 and groups. Religious groups shall be given the same access to school facilities for 256 assembling as is given to other noncurricular groups without discrimination based on 257 the religious content of the group's expression. If student groups that meet for 258 nonreligious activities are permitted to advertise or announce the groups' meetings, 259 for example, by advertising in a student newspaper, putting up posters, making 260 announcements on a student activities bulletin board or public address system, or 261 handing out leaflets, school authorities may not discriminate against groups that meet 262 for prayer or other religious expression. School authorities may disclaim sponsorship 263 of noncurricular groups and events, provided they administer the disclaimer in a 264 manner that does not favor or disfavor groups that meet to engage in prayer or other 265 religious expression.' 266 20-2-1032. 267 (a) During contract time, faculty and employees at public elementary and secondary 268 schools may: 269 18 LC 33 7209ER S. B. 361 - 9 - (1) Engage in religious expression and discussions and share religious materials with 270 other faculty and employees at the same times and in the same manner that faculty and 271 employees are permitted to engage in nonreligious expression and discussions; 272 (2) Discuss religious topics and use religious materials in the classroom when presented 273 in a neutral manner and when serving a valid, secular educational purpose; 274 (3) Serve as a sponsor of student religious clubs and assist students in planning meetings, 275 activities, and events to the same extent that faculty sponsors of nonreligious clubs are 276 permitted to do so; 277 (4) Permit and be present for student-initiated, student-led religious expression; 278 (5) Participate in voluntary student-initiated, student-led prayer, such as prayer before 279 a sporting event, when invited to do so by the students, provided that the participation is 280 in the faculty's or employee's personal capacity and not as a representative of the school; 281 (6) Wear religious clothing, symbols, or jewelry, provided that such items otherwise 282 comply with any dress code implemented by the public elementary or secondary school; 283 and 284 (7) Decorate their desk and other personal space in their office or classroom with items 285 that reflect their religious beliefs to the same extent that other faculty and employees are 286 permitted to decorate their desk and other personal space. 287 (b) During noncontract time, faculty and employees at public elementary and secondary 288 schools may engage in religious expression and share religious materials to the same extent 289 that other individuals are permitted to do so. 290 20-2-1033. 291 (a) This article shall not be construed to authorize this state or any of its political 292 subdivisions to: 293 (1) Require any person to participate in prayer or any other religious activity; or 294 (2) Violate the constitutional rights of any person. 295 (b) This article shall not be construed to limit the authority of any public school to: 296 (1) Maintain order and discipline on the campus of the public school in a content-neutral 297 and viewpoint-neutral manner; 298 (2) Protect the safety of students, employees, and visitors of the public school; or 299 (3) Adopt and enforce policies and procedures regarding student speech at school, 300 provided that the policies and procedures do not violate the rights of students as 301 guaranteed by the United States and Georgia Constitutions and laws." 302 SECTION 4. 303 This Act shall apply beginning with the 2018-2019 school year. 304 18 LC 33 7209ER S. B. 361 - 10 - SECTION 5. 305 All laws and parts of laws in conflict with this Act are repealed. 306