Text of OK HB 3543 (2024)
Religious expression in schools; creating the Oklahoma Freedom of Religious Expression Act; effective date; emergency.
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As introduced
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Req. No. 9707
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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3543
By: Conley
AS INTRODUCED
An Act relating to religious expression in schools;
creating the Oklahoma Freedom of Religious Expression
Act; defining terms; permitting teachers to teach and
discuss certain Judeo-Christian values; allowing
teaching and singing of certain songs; granting right
to teach shortcomings of certain historical figures;
authorizing teaching and discussion of intelligent
design theory; prohibiting exclusion of teaching the
impact of certain values; permitting public schools
to display a memorial cross; requiring schools to
treat student expression of a religious viewpoint the
same as a secular viewpoint; mandating school to
adopt a policy that addresses certain student
expressions; providing protections for students who
express religious viewpoints; directing State Board
of Education to promulgate rules; authorizing school
to employ or accept a chaplain as a volunteer;
excepting chaplain from certification requirements;
requiring chaplain to provide certain criminal
history record checks; excluding certain persons from
serving as a school chaplain; allowing chaplain to
provide specified services; permitting certain
employee to pray at any specified time; prohibiting
punishment or discrimination against person who
refuses to participate in prayer; authorizing certain
civil causes of action for students and employees;
construing provision to not limit the free exercise
of religion; allowing taxpayers to intervene in
certain state court actions; providing for act
severability; providing for codification; providing
an effective date; and declaring an emergency.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 25-201 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Oklahoma
Freedom of Religious Expression Act".
B. As used in the Oklahoma Freedom of Religious Expression Act:
1. "Intelligent design" means a scientific theory that certain
features of the universe and living things provide evidence of
intelligent organization and purpose, which then provide the
foundations for natural functions, systems, laws, processes, and
theories such as natural selection, evolution through adaptation and
mutation, and the big bang theory; and
2. "Teach" means the secular teaching of a subject providing
for the fullest possible education of students. It includes, but is
not limited to, the discussion, education, and understanding of the
history, impact, modern effects, cultural effects, artistic forms,
holidays, and scientific impacts that religions have had or do have,
including explicitly or exclusively Christian or Judeo-Christian
values, without qualifying as the teaching of sectarian or religious
doctrine prohibited in Section 11-101 of Title 70 of the Oklahoma
Statutes or otherwise as may affect the validity of this section.
C. Teachers, as defined in Section 1-116 of Title 70 of the
Oklahoma Statutes, shall:
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1. Be permitted to teach and discuss in class the Judeo-
Christian values in correspondence with other relevant historical
and cultural contexts for course instruction;
2. Be permitted to teach about and lead students in singing
traditional songs and music such as Christmas carols;
3. Be permitted to teach about the shortcomings of historically
significant figures who professed allegiance to such Judeo-Christian
values throughout history in an age-appropriate manner;
4. Be permitted to teach and discuss the theory of intelligent
design in correspondence with other relevant scientific study and
information concerning the origin of species and the natural laws of
the universe as provided by the Oklahoma Academic Standards; and
5. Be prohibited from explicitly excluding the fundamental
impact Judeo-Christian values have had in the school's local area,
the state, the United States of America, Western civilization, and
the world.
D. Public schools, as defined in Section 1-106 of Title 70 of
the Oklahoma Statutes, shall:
1. Be permitted to display a memorial cross that is symbolic of
the Christian faith on public land;
2. Treat a public school student's voluntary expression, if
any, of a religious viewpoint on an otherwise permissible subject in
the same manner the school district treats a student's voluntary
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expression of a secular or other viewpoint on an otherwise
permissible subject; and
3. Adopt a policy that ensures:
a.
the school district does not discriminate against a
public school student's voluntary expression, if any,
of a religious viewpoint,
b.
any affirmative school sponsorship or attribution to
the school district of a student's public expression
of a religious viewpoint, if any, is eliminated,
c.
a limited public forum shall be established for public
school student speakers at all school events at which
a student may speak publicly. A student's expression
of a religious viewpoint, if any, on an otherwise
permissible subject shall not be excluded from the
limited public forum established in this subparagraph,
d.
provision of a limited public forum that does not
discriminate against a student's voluntary expression
of a religious viewpoint, if any, on an otherwise
permissible subject,
e.
provision of a method, based on neutral criteria, for
the selection of speakers at school events, including
graduation ceremonies,
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f.
procedures to ensure that a student speaker does not
engage in speech that is obscene, vulgar, offensively
lewd, or indecent, and
g.
a disclaimer is given to convey that a student
speaker's speech shall not reflect the endorsement,
sponsorship, position, or expression of the school
district. The disclaimer may be stated in writing or
orally and shall be provided at all public school
graduation ceremonies and at any other school event at
which a student speaker speaks publicly.
E. 1. A public school student may express his or her religious
viewpoint, if any, in the following contexts without discrimination
based on the religious content: homework, classwork, artwork, and
other written or oral assignments.
2. A student's homework, classwork, artwork, or other written
or oral assignments shall be graded and judged:
a.
by ordinary academic standards of substance and
relevance, and
b.
against other conventional, pedagogical topics as
identified by a school district.
3. A student shall not be penalized or rewarded based on the
religious character, if any, of his or her homework, classwork,
artwork, or other written or oral assignments.
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F. The State Board of Education shall promulgate rules to
implement the provisions of the Oklahoma Freedom of Religious
Expression Act. The Board shall ensure students and teachers are
not penalized for discussing any of the topics mentioned in
subsection C of this section so long as it concerns the topic of
study within the classroom.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 25-202 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. A school district or charter school may employ or accept as
a volunteer a chaplain to provide support, services, and programs
for students as assigned by the board of education or governing
board of the district, charter school, or charter school district.
A chaplain employed or volunteering pursuant to this section is not
required to be certified by the State Board for Education.
B. A school district or charter school that employs or accepts
as a volunteer a chaplain as provided in this section shall ensure
that the chaplain has completed a current Oklahoma criminal history
record from the Oklahoma State Bureau of Investigation and a
national criminal history record check as defined in Section 150.9
of Title 74 of the Oklahoma Statutes before the chaplain begins
employment or volunteering at the district or school.
C. A school district or charter school shall not employ or
accept as a volunteer a chaplain who has been convicted of or
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received a deferred sentence for an offense listed in Section 6-
101.41 of Title 70 of the Oklahoma Statutes.
D. A chaplain subject to the provisions of this section shall
be an eligible service provider for mental health counseling and
social services for students as provided in Section 24-100.1 of
Title 70 of the Oklahoma Statutes.
E. A chaplain subject to the provisions of this section shall
be considered as a referral for appropriate services pursuant to
subparagraph c of paragraph 12 of subsection A of Section 24-100.4
of Title 70 of the Oklahoma Statutes.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 25-203 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. An employee of a public college, school district, or charter
school may pray at any time they are otherwise free to engage in
personal conversations or other personal conduct.
B. No public college, school district, or charter school may
punish or otherwise take adverse action or discriminate against any
other person for refusing to participate in a prayer described in
subsection A of this section. A student or the parent of a student
who can demonstrate under the preponderance of the evidence standard
that the student was punished or discriminated against by an
employee for refusing to participate in a prayer as described in
subsection A of this section may pursue a civil action in a court of
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competent jurisdiction and the student may seek attorney fees,
costs, injunctive relief, declaratory relief, and other forms of
relief deemed appropriate by the court.
C. If a public school district or public college administrator
prohibits or takes adverse action against an employee for engaging
in the activity described in subsection A of this section, the
employee may pursue a civil 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.
D. If a court finds that a cause of action filed by an employee
pursuant to subsection C of this section or by a student or his or
her parent pursuant to subsection B of this section was maliciously
filed or initiated for ulterior purposes against a defendant, then
the court may award costs and attorney fees to a defendant under
this section for abuse of process.
E. Nothing in this section shall be construed to limit the free
exercise of religion in any way.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 25-204 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. If any part of the Oklahoma Freedom of Religious Expression
Act is challenged in a state court as violating either the Oklahoma
Constitution or United States Constitution, taxpayers shall be
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permitted to intervene for the purposes of defending the
constitutionality of the Oklahoma Freedom of Religious Expression
Act. However, for the purposes of judicial administration, a court
may require that all taxpayers file a joint brief so long as they
are not required to join any brief filed on behalf of any named
state defendant.
B. The provisions of the Oklahoma Freedom of Religious
Expression Act shall be severable, and if any provision of the
Oklahoma Freedom of Religious Expression Act or the application
thereof to any person or circumstances is held invalid, such
invalidity shall not invalidate the other provisions or applications
of this act.
SECTION 5. This act shall become effective July 1, 2024.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-9707
EK
01/08/24