Enacting the student secular bill of rights to establish statutory protections against religious coercion and discrimination in public schools.

Session of 2026
SENATE BILL No. 424
By Senator Miller
1-29
AN ACT concerning education; enacting the student secular bill of rights;
establishing statutory protections against religious coercion and
discrimination in public schools; providing a cause of action for
students and parents for violations thereof.
WHEREAS, The separation of religion and government is a
cornerstone of American jurisprudence recognized foremost in the First
Amendment to the Constitution of the United States and in all fifty of the
states' constitutions; and
WHEREAS, Protecting religious freedom and conscience rights serves
students of all faiths and none, ensuring that no student is compelled to
participate in religious exercises against their beliefs or nonbeliefs; and
WHEREAS, In 1802, President Thomas Jefferson, an original
supporter of the First Amendment, alongside primary author James
Madison, described the First Amendment as "building a wall of separation
between church and state"; and
WHEREAS, In 1947, the Supreme Court of the United States in the
case Everson v. Board of Education declared that, "The First Amendment
has erected a wall between church and state. That wall must be kept high
and impregnable. We could not approve the slightest breach"; and
WHEREAS, In the same case, the Supreme Court also declared that the
Establishment Clause means "at least" the following: "Neither a state nor
the Federal Government can set up a church. Neither can pass laws which
aid one religion, aid all religions, or prefer one religion over another . . .
No tax in any amount, large or small, can be levied to support any
religious activities or institutions . . . Neither a state nor the Federal
Government can, openly or secretly, participate in the affairs of any
religious organizations or groups, and vice versa. In the words of
Jefferson, the clause against establishment of religion by law was intended
to erect 'a wall of separation between Church and State'"; and
WHEREAS, Democrats and Republicans alike, united in dedication to
America's founding principles, have recognized the indispensable principle
of separation between church and state, with President Ronald Reagan
saying in 1984 that, "We establish no religion in this country. We
command no worship. We mandate no belief, nor will we ever. Church and
state are and must remain separate"; and
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WHEREAS, All persons have the fundamental and inalienable right to
worship, or not, according to the dictates of their own conscience, free
from governmental influence or interference, so long as their practices do
not excuse acts of lawlessness or justify practices inconsistent with the
order, peace, or safety of the state, or the rights of others; and
WHEREAS, In the 1948 decision McCollum v. Board of Education, the
Supreme Court held that a "released time" program in public schools,
where religious instruction was provided by outside teachers during school
hours, violated the establishment clause because using public school
facilities and resources to "aid any or all religious faiths or sects in the
dissemination of their doctrines and ideals" constituted an unconstitutional
endorsement of religion; and
WHEREAS, In the 1962 decision Engel v. Vitale, the Supreme Court
held that prayer composed by the state and recited over the intercom in
public schools violates the Establishment Clause; and
WHEREAS, In the 1968 decision Epperson v. Arkansas, the Supreme
Court held that a state law prohibiting the teaching of evolution in public
schools violated the Establishment Clause because the law was enacted to
advance a particular religious viewpoint, constituting government
endorsement of religion; and
WHEREAS, In the 1980 decision Stone v. Graham, the Supreme Court
held that a law requiring the posting of privately funded Ten
Commandments displays in public school classrooms violated the
Establishment Clause because the "pre-eminent purpose for posting the
Ten Commandments on schoolroom walls is plainly religious in nature";
and
WHEREAS, In the 1987 decision Edwards v. Aguillard, the Supreme
Court held that a Louisiana law prohibiting the teaching of evolution
unless accompanied by instruction in "creation science" was
unconstitutional because the "preeminent purpose of the Louisiana
Legislature was clearly to advance the religious viewpoint that a
supernatural being created humankind," while an offered secular purpose
for the law was "a sham"; and
WHEREAS, In the 1992 decision Lee v. Weisman, the Supreme Court
held that public schools cannot provide even nonsectarian prayer at public
school events, that "preservation and transmission of religious beliefs and
worship is a responsibility and choice committed to the private sphere,"
and that it was not a remedy to simply say that students could avoid the
prayer by foregoing their own graduation; and
WHEREAS, In the 2000 decision Santa Fe Independent School
District v. Doe, the Supreme Court held that school-sponsored prayer at a
public school event violates the Constitution of the United States by
sending the message to nonbelievers that "they are outsiders, not full
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SB 424 3
members of the political community," even when those prayers are student
led; and
WHEREAS, These rulings by the Supreme Court of the United States
are in danger of being overturned or otherwise eroded by future rulings;
and
WHEREAS, The protection of religious and academic freedom in
public schools must be strengthened through statutory protections to
preserve the integrity of public education and ensure all students may
exercise their fundamental rights; and
WHEREAS, The Constitution of the State of Kansas provides a vehicle
for protecting these rights at the state level; and
WHEREAS, It is the state's inherent duty as sovereign to guarantee the
rights of its people.
Now, therefore:
Be it enacted by the Legislature of the State of Kansas:
Section 1. The provisions of sections 1 through 6, and amendments
thereto, shall be known and may be cited as the student secular bill of
rights.
Sec. 2. As used in sections 1 through 5, and amendments thereto:
(a) "Academic study of religion" means objective, educational
examination of religious traditions, texts, history or practices for secular
scholarly purposes when conducted in a manner that neither promotes nor
denigrates any particular religious belief or nonbelief.
(b) "Club" means an extracurricular student group recognized by the
school district.
(c) "Endorsement" means a governmental practice that a reasonable
observer would view as government approval, favor or disapproval of a
religion or a particular religious belief.
(d) "Nonparticipatory capacity" means presence at a student religious
club meeting or event solely for supervisory purposes without lecturing,
proselytizing, praying, preaching, planning or otherwise engaging in a
religious activity.
(e) "Official capacity" means:
(1) Performing official duties or furthering the work of a school
district; or
(2) acting under or with power or authority granted by virtue of
employment by or association with a school district.
(f) "Prayer" means a communication, either spoken or written,
directed toward a deity, deities or other supernatural or spiritual force,
including, but not limited to, a benediction, invocation, chant or request for
guidance, blessing, forgiveness or intervention.
(g) "Proselytizing" means attempting to convert individuals from one
religion, religious belief or nonbelief to another through persuasion or
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inducement.
(h) "Religious activity" means any practice, observance or expression
intended primarily for religious purposes, including, but not limited to,
prayer, worship, religious instruction or proselytizing.
(i) "Religious display" means any visual presentation of religious
symbols, texts, imagery or artifacts that conveys a religious message or
promotes religious beliefs.
(j) "Religious text" means writing that is used primarily for
devotional, worship or proselytizing purposes rather than for legitimate
academic study of religion, religious history or comparative religion.
(k) "School district" means a school district organized and operating
under the laws of this state.
(l) (1) "School event" means any activity conducted at a school
district facility or sponsored, conducted or supervised by a school district
employee acting in such employee's official capacity. "School event"
includes, but is not limited to: graduation, grade-promotion ceremony,
award program, induction ceremony, pep rally, competition, practice,
performance, class instructional time or club meeting or event.
(2) "School event" does not include:
(A) A student religious club meeting or event if any school district
employees who are in attendance are present in a nonparticipatory
capacity;
(B) an activity at a school district facility if such activity is conducted
outside the presence of students and does not include any school district
employee who is acting in any official capacity; or
(C) an activity at a school district facility that is:
(i) Used by a third party pursuant to a standard facility use agreement
or by prior written permission that specifies the third-party user, the use
period, the facility to be used, the purpose of such use and any terms and
conditions of such use, and such use occurs during the agreed period;
(ii) consistent with use by other third-party users;
(iii) does not include any school district employee who is acting in
any official capacity; and
(iv) conducted outside of regular school hours.
(m) "School property" means any building, facility, grounds or
vehicle owned, leased or controlled by a school district.
(n) "Secular purpose" means an objective that is not primarily
religious in nature and serves a legitimate educational, administrative or
civic function.
Sec. 3. (a) All students enrolled in a school district shall have the
right to:
(1) Practice any religion of such student's choice on school property
or at school events, except that such practices shall be orderly and shall not
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inhibit the operations or safety of any school district facility or infringe on
the rights of any other person;
(2) not practice any religion on school property or at school events;
(3) not be discriminated against based on such student's religious
beliefs or lack thereof;
(4) be free from school-sponsored religious teachings or practices of
all kinds on school property or at school events, including, but not limited
to:
(A) Prayer led by school district employees;
(B) prayer led by adults not employed by the school district or other
students if such prayer is:
(i) Sponsored by the school or school district; or
(ii) supported by the school or school district by means of marketing,
planning, audio-visual equipment or endorsement by any school district
employee or the school itself;
(C) any religious instruction as part of a school curriculum; or
(D) required or coerced reading of religious texts other than for the
academic study of religion;
(5) be free of school-sponsored religious displays on school property
or at school events, including, but is not limited to:
(A) Statements of religious doctrine;
(B) symbols of any particular religion; or
(C) depictions of holy figures, prophets or spiritual leaders for the
purpose of promoting religious adherence;
(6) be free from school-sponsored religious messaging on school
property or at school events;
(7) refuse to engage in religious discussions or otherwise reject
unwanted proselytizing by other students; and
(8) not be offered any type of benefit or other incentive, including,
but not limited to, money, food, school supplies or other items not
otherwise available in the school, by a school district employee to
participate in a religious activity during school hours that are facilitated by
third-party organizations.
(b) This section shall not be construed to prohibit:
(1) Religious displays that are wardrobe items of a de minimis nature,
including, but not limited to, necklaces, rings or headdresses;
(2) religious displays kept by a school district employee in such
employee's private work space, provided such work space cannot be
readily viewed by students and the public;
(3) student-created religious expression in individual assignments or
projects, provided the work on such assignments or projects addresses the
learning objectives required by the curriculum; or
(4) reasonable accommodation of religious practices, including, but
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not limited to:
(A) Reasonable scheduling accommodations for religious
observances;
(B) dietary accommodations consistent with religious requirements;
(C) hairstyles or personal grooming practices consistent with
religious or cultural practices; or
(D) wearing of religious items, jewelry and regalia, including
indigenous traditional regalia and religious items.
(c) Nothing in this section shall be construed to repeal, modify or
otherwise supercede the provisions of K.S.A. 72-9930, and amendments
thereto.
Sec. 4. (a) The board of education of each school district shall adopt
policies and procedures establishing a formal grievance procedure for
students, parents and school district employees to report violations of
section 3, and amendments thereto. Such policies and procedures shall
provide the following:
(1) All reported violations shall be acknowledged in writing by
designated school district personnel within seven days after the report is
received;
(2) all reported violations shall be investigated by designated school
district personnel within 30 days after the report is received; and
(3) within 10 days after the conclusion of any investigation, a written
determination of whether a violation occurred, and an action plan, if
necessary, identifying specific steps necessary for remediation of any such
violations shall be provided to the person who reported the violation and
distributed to school district employees and students as needed.
(b) Any student or parent of a student may bring a cause of action in a
court of competent jurisdiction for any violation of section 4, and
amendments thereto, committed against such student. The plaintiff in any
such action may seek damages, an injunction or other equitable relief. The
court may award reasonable attorney fees to the prevailing party in any
such action. Such action shall be brought within two years after the date of
the alleged violation.
(c) No school district employee shall be subject to discipline,
retaliation or any other adverse action for making a good faith report of a
violation of section 3, and amendments thereto.
Sec. 5. (a) On or before October 1, 2026, the state board of education
shall develop and provide guidance on the implementation of the
provisions of the student secular bill of rights. Such guidance shall include
model policies and training materials for school district employees on
compliance with the act.
(b) On or before January 1, 2027, the board of education of each
school district shall adopt policies and procedures for the implementation
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of the student secular bill of rights. Such policies and procedures shall be
modeled on the guidance provided by the state board of education and
shall include required training for school district employees on compliance
with the act.
Sec. 6. Sections 1 through 5, and amendments thereto, are declared
severable. Any provision of sections 1 through 5, and amendments thereto,
or the application thereof to any person or circumstance that is held to be
unconstitutional or invalid shall not affect the validity of any remaining
provisions of sections 1 through 5, and amendments thereto, or the
applicability of such provisions to any person or circumstance.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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