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Session of 2026
SENATE BILL No. 421
By Committee on Education
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AN ACT concerning education; enacting the safeguarding personal
expression at K-12 schools act; authorizing students to engage in
protected speech or expression; providing limitations for such speech
or expression; providing a civil cause of action for violations of the act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall be known and may be cited as the
safeguarding personal expression at K-12 schools or SPEAKS act.
(b) As used in the act:
(1) "School" means a school operated by a school district.
(2) "Student" means an individual who is enrolled in and attending a
school full time or part time.
(c) No student shall be discriminated against or penalized by a school
for:
(1) Engaging in religious, political or ideological speech or
expressing a religious, political or ideological viewpoint in the same time,
place and manner and to the same extent that other similarly situated
students may engage in speech or express viewpoints at school; or
(2) expressing a religious, political or ideological viewpoint in a
homework assignment, artwork, presentation or other written or oral
assignment. Student work shall be assessed by ordinary academic
standards of substance and relevance and against other legitimate
pedagogical concerns identified by the school.
(d) A student may engage in protected speech or expression at school.
Such speech or expression, includes, but is not limited to:
(1) Expressing a religious, political or ideological viewpoint on the
topic or subject of discussion or study in class;
(2) expressing religious, political or ideological viewpoint in a
homework assignment, artwork, presentation or other written or oral
assignment;
(3) organizing religious, political or ideological gatherings before,
during or after the school day to the same extent and with the same access
to school facilities as other student-initiated gatherings;
(4) organizing religious, political or ideological clubs or organizations
to the same extent and with the same access to school facilities as other
student-organized clubs or organizations; and
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(5) wearing clothing, accessories and jewelry that display religious,
political or ideological messages or symbols in the same manner and to the
same extent that other students are permitted to wear clothing, accessories
and jewelry that display such messages or symbols.
(e) One or more students may organize religious, political or
ideological clubs or organizations. Such clubs or organizations may meet
before, during or after the school day to the same extent and with the same
access to school facilities as other clubs or organizations authorized by the
school. No school shall discriminate against a student club or organization
because of:
(1) The religious, political or ideological viewpoints expressed by the
students, club or organization; or
(2) any requirement that the leaders or members of such club or
organization affirm and adhere to the sincerely held beliefs of the club or
organization, comply with the standards of conduct of the club or
organization or further the mission or purpose of the club or organization,
as determined by the student club or organization.
(f) Nothing in this section shall be construed as preventing a school
from prohibiting, limiting or restricting:
(1) Expression that is not protected by the first amendment of the
Constitution of the United States, including, but not limited to, threats,
obscenity and expression intended to provoke and produce imminent
lawless actions;
(2) expression that is unwelcome and so severe, pervasive and
subjectively and objectively offensive that a student is effectively denied
equal access to educational opportunities or benefits provided by the
school; or
(3) conduct that intentionally, materially and substantially disrupts the
operations of the school or expressive activity of another individual if the
activity is occurring in a space reserved for such activity under the
exclusive use or control of a particular student, club, organization or group
of students.
(g) (1) Any student or student club or organization that is harmed by
a violation of this act or whose rights under this act are violated shall have
a private cause of action against the school for declaratory and injunctive
relief, monetary damages, reasonable attorney fees and any other
appropriate relief. If a court finds that a violation of this act has occurred,
the court may award damages in an amount of at least $5,000 for each
violation.
(2) Any student or student club or organization aggrieved by a
violation of this act may assert such violation as a defense or counterclaim
in any disciplinary action or civil or administrative proceedings brought
against such student or student club or organization.
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(3) No action under this subsection shall be brought more than two
years after the day that the violation occurred. Each day that the violation
persists or each day that a policy in violation of this section remains in
effect shall constitute a new day that the cause of action has occurred.
(4) Nothing in this section shall be construed to limit any other
remedies available to any student or student club or organization under
law.
(h) No school shall be immune from liability in a civil action arising
from any violation of this section.
(i) The provisions of this section are severable. If any portion of this
section is declared unconstitutional or invalid, or the application of any
portion of this section to any person or circumstance is held
unconstitutional or invalid, the invalidity shall not affect other portions of
this section that can be given effect without the invalid portion or
application, and the applicability of such other portions of the act to any
person or circumstance shall remain valid and enforceable.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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