AN ACT relating to student rights.

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AN ACT relating to student rights. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 158 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Academic study of religion" means the objective, educational examination 6
of religious traditions, texts, history, or practices for secular scholarly 7
purposes, conducted in a manner that neither promotes nor denigrates any 8
particular religious belief or nonbelief; 9
(b) "Club" means a noncurricular student group recognized by the school 10
district and that qualifies through the safe haven provisions of 20 U.S.C sec. 11
4071(c) for protection under the Equal Access Act; 12
(c) "Coerce" means exerting direct or indirect pressure through official policy, 13
practice, or conduct, which would compel a reasonable student to 14
participate in or refrain from religious exercise against the student's 15
conscience; 16
(d) "Endorsement" means a gove rnmental practice that a reasonable observer 17
would view as government approval, favor, or disapproval of religion or 18
particular religious beliefs; 19
(e) "Nonparticipatory capacity" means presence at a student religious club 20
meeting or event solely for superv isory purposes, as defined in the Equal 21
Access Act, without lecturing, proselytizing, praying, preaching, planning 22
religious events, or otherwise engaging in religious activities; 23
(f) "Official capacity" means when a person is: 24
1. Performing official dutie s or furthering the work of a school district; 25
or 26
2. Acting under or with power or authority granted by virtue of 27
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employment by or association with a school district; 1
(g) "Prayer" means a communication, either spoken or written, directed toward 2
a deity, de ities, or other supernatural or spiritual force, including but not 3
limited to a benediction, invocation, chant, or request for guidance, 4
blessing, forgiveness, or intervention; 5
(h) "Proselytizing" means attempting to convert individuals from one religion, 6
religious belief, or nonbelief to another through persuasion or inducement; 7
(i) "Religious activity" means any practice, observance, or expression intended 8
primarily for religious purposes, including but not limited to prayer, 9
worship, religious instruction, or proselytizing; 10
(j) "Religious display" means any visual presentation of religious symbols, 11
texts, imagery, or artifacts that conveys a religious message or promotes 12
religious beliefs; 13
(k) "Religious text" means writing that is used primarily for devo tional, 14
worship, or proselytizing purposes rather than for legitimate academic study 15
of religion, religious history, or comparative religion; 16
(l) "School event": 17
1. Means any activity at a school facility or sponsored, conducted, or 18
supervised by a school official acting in his or her official capacity; 19
2. Includes but is not limited to any graduation, grade -promotion 20
ceremony, award program, induction ceremony, pep rally, 21
competition, practice, performance, class instructional time, and club 22
meeting or event; and 23
3. Does not mean: 24
a. A student religious club meeting or event, if all school officials 25
who are present at the meeting or event are attending in a 26
nonparticipatory capacity; 27
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b. An activity at a school facility, if it is outside the presence of 1
students and no school official acts in official capacity; or 2
c. An activity at a school facility that is used by a third party 3
pursuant to a standard facility use agreement or advance written 4
permission that indicates the responsible third -party user, use 5
period, facility to be used, purpose of use, and conditions of use, 6
provided such use occurs during the agreed period, is on terms 7
consistent with other third -party users, involves no school 8
official acting in official capacity, and does not take place during 9
school hours; 10
(m) "School official" means any employee, agent, or representative of a public 11
school or school district, including but not limited to teachers, 12
administrators, coaches, and support staff; 13
(n) "School property" means any building, facility, grounds, or vehicle owned, 14
leased, or controlled by a public school or school district; and 15
(o) "Secular purpose" means an objective that is not primarily religious in 16
nature and serves a legitimate educational, administrative, or civic function. 17
(2) Notwithstanding any other statute to the contrary, all public school students shall 18
enjoy: 19
(a) The right to practice any religion they choose on school grounds or at 20
school events, provided that their practices are orderly and do not inhibit the 21
operations or safety of the school or infringe on the rights of others; 22
(b) The right to not practice any religion whatsoever, if they so choose, on 23
school property or at school events; 24
(c) The right to be free from discrimination based on their religious beliefs or 25
lack thereof; 26
(d) The right to be free from school -sponsored religious teachings or practices 27
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of all kinds on school property or at school events, including but not limited 1
to: 2
1. School official-led prayer; 3
2. Prayer led by students or adults who are not school officials, when it 4
is: 5
a. Sponsored by the school; or 6
b. Supported by the school by means of marketing, planning, 7
audio-visual equipment, or endorsement by any school official or 8
the school itself; 9
3. Any religious instruction as part of a school curriculum, including 10
creationism and intelligent design; and 11
4. Required or coerced reading of religious texts other than for the 12
academic study of religion. Any academic study of religion that 13
includes instructi on of religious perspectives shall include multiple 14
religious perspectives; 15
(e) The right to be free of school -sponsored religious displays on school 16
property or at school events: 17
1. Including but not limited to: 18
a. The Ten Commandments and similar stateme nts of religious 19
doctrine; 20
b. The Christian cross, the Star of David, the Star and Crescent of 21
Islam, and similar symbols; and 22
c. Depictions of holy figures, prophets, or spiritual leaders for the 23
purpose of promoting religious adherence; and 24
2. Not including: 25
a. De minimis wardrobe items worn by others, including necklaces, 26
rings, or headdresses; and 27
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b. Displays in a private office area, so long as the display is not 1
obvious to students or the public; 2
(f) The right to be free from school -sponsored religious messaging on school 3
property or at school events, including at school assemblies and in the 4
classroom. This paragraph shall not prohibit: 5
1. Student-created religious expression in individual assignments or 6
projects, so long as the work addresses the learning objectives required 7
by the curriculum; 8
2. Reasonable accommodation of religious practices, including: 9
a. Reasonable scheduling accommodations for religious 10
observances; 11
b. Dietary accommodations consistent with religious requirements; 12
c. Styling of hair or personal grooming practices consistent with 13
religious or cultural practices; 14
d. Wearing of religious items, jewelry, and regalia, including 15
Indigenous traditional regalia and religious items; and 16
e. Any personal expression of religious practices, or of nonbelief, 17
provided it does not interfere with the rights of others or the safe 18
and normal functioning of the school, and provided it is not done 19
by school officials; 20
(g) The right to refuse to engage in religious discussions or otherwise reject 21
unwanted proselytizing by other students; and 22
(h) The right to be free from incentives, offered from either the school or a 23
school official, to participate in religious activities during school hours 24
facilitated by third-party organizations, including but not limited to offers of 25
money, food, school supplies, or other items not otherwise available in the 26
school. 27
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(3) No later than November 1, 2026, each school district shall establish a formal 1
grievance procedure for students, parents, and school officials to report violations 2
of this section. At a minimum, the grievance procedure shall require that: 3
(a) Within seven (7) days, complaints are acknowledged by the school district; 4
(b) Within fourteen (14) days, investigations of complaints are initiated by the 5
school district; 6
(c) Within forty (40) days or immediately upon completing the investigation 7
required by paragraph (b) of this subsection, whichever occurs first, 8
complaints are responded to with a written determination and an action 9
plan identifying necessary and specific steps to remediate any violations 10
found; and 11
(d) Complainants have a right to appeal to the local board of education. 12
(4) (a) Any student or parent of a student who alleges a violation of this section 13
that occurs on or after November 1, 2026, may bring a civil action in a court 14
of competent jurisdiction for declaratory, monetary, and injunctive relief 15
within two (2) years from the date of the alleged violation. 16
(b) For purposes of enforcing this section, any student currently enrolled or 17
who was enrolled in a public school at the time of the alleged violation, or 18
his or her parent or guardian, shall have standing to bring a civil action 19
under this subsection, without having to demonstrate an economic injury. 20
(c) Courts may award reasonable attorney's fees and costs to prevailing 21
plaintiffs, including plaintiffs awarded nominal damages and plaintiffs that 22
receive a preliminary injunction prior to a case being dismissed. 23
(d) Notwithstanding any provision of law to the contrary, sovereign immunity 24
and governmental immunity are hereby waived for any claim alleging a 25
violation of this section. 26
(5) A school official shall not be subject to discipline or retaliation for r eporting, in 27
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good faith, a violation of this section. 1
(6) (a) The Kentucky Department of Education shall: 2
1. By September 1, 2026, provide model policies and guidance documents 3
to assist local implementation of this section; and 4
2. By October 1, 2026, deve lop and provide training materials on 5
compliance with this section. 6
(b) Beginning with the 2026 -2027 school year, school districts shall provide 7
training to all school officials on compliance with this section. 8
Section 2. KRS 158.175 is amended to read as follows: 9
(1) As a continuation of the policy of teaching our country's history [ and as an 10
affirmation of the freedom of religion in this country] , the board of education of a 11
local school district may authorize the recit ation of [ the traditional Lord's prayer 12
and] the pledge of allegiance to the flag in public elementary schools. Pupil 13
participation in the recitation of the [ prayer and] pledge of allegiance shall be 14
voluntary.[ Pupils shall be reminded that this Lord's pr ayer is the prayer our pilgrim 15
fathers recited when they came to this country in their search for freedom. Pupils 16
shall be informed that these exercises are not meant to influence an individual's 17
personal religious beliefs in any manner. The exercises shal l be conducted so that 18
pupils shall learn of our great freedoms, including the freedom of religion 19
symbolized by the recitation of the Lord's prayer.] 20
(2) The board of education of each school district shall establish a policy and develop 21
procedures whereb y the pupils in each elementary and secondary school may 22
participate in the pledge of allegiance to the flag of the United States at the 23
commencement of each school day. 24
(3) The Kentucky Board of Education shall develop a program of instruction relating to 25
the flag of the United States of America, including instruction in etiquette, the 26
correct use and display of the flag, and other patriotic exercises as may be related. 27
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This program of instruction shall be provided to each public school for use in its 1
course of instruction. The program of instruction, at a minimum, shall include the 2
provisions of 4 U.S.C. secs. 1 to 3 and[ 4 U.S.C. secs.] 5 to 9. 3
(4) The board of education of each local school district may purchase or otherwise 4
acquire and provide for displ ay in each classroom copies of the Declaration of 5
Independence, the Gettysburg Address, and other documents the local board deems 6
significant to the history of Kentucky and the United States.[ 7
(5) (a) The board of education of each local school district sh all establish a policy 8
and develop procedures whereby, at the commencement of the first class of 9
each day in all public schools, there shall be a moment of silence or reflection 10
of at least one (1) minute, but not to exceed two (2) minutes, in duration. 11
(b) The policy required in paragraph (a) of this subsection shall ensure that all 12
pupils remain seated and silent and make no distracting display so that each 13
pupil may, in the exercise of his or her individual choice, meditate, pray, or 14
engage in any other silent activity which does not interfere with, distract from, 15
or impede other pupils' exercise of individual choice. The policy shall prohibit 16
district personnel from providing instruction to any student regarding the 17
nature of any reflection that a studen t may engage in during the moment of 18
silence or reflection. The policy shall require notification be sent to parents or 19
guardians providing information on the policy and encouraging parents and 20
guardians to provide guidance to their pupils regarding the mo ment of silence 21
or reflection.] 22
Section 3. KRS 158.188 is amended to read as follows: 23
A teacher in a public school shall be permitted to: 24
(1) Teach about religion [ with the use of the Bible or other scripture, but] without 25
providing religious instruction, for the secular study of: 26
(a) The history of religion; 27
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(b) Comparative religions; 1
(c) The Bible as literature; 2
(d) The role of religion in the history of the United States and other countries; and 3
(e) Religious influences on art, music, literature, and social studies; and 4
(2) Teach about religious holidays [, including religious aspects,] and celebrate the 5
secular aspects of holidays. 6
Section 4. KRS 158.195 is amended to read as follows: 7
(1) [(a) Local boards shall require each public elementary and secondary school to 8
display the national motto of the United States, "In God We Trust," in a 9
prominent location in the school. 10
(b) The display required in paragraph (a) of this subsection may take the form of 11
but is not limited to a mounted plaque or student artwork. 12
(2) As used in this section, "prominent location" means a school entryway, cafeteria, or 13
common area where students are likely to see an item on display. 14
(3) ]Local boards may allow any teacher or administrator in a public school district of 15
the Commonwealth to read or post in a public school building, classroom, or event 16
any excerpts or portions of: [the national motto; ]the national anthem; the pledge of 17
allegiance; the preamble to the Kentucky Constitution; the Declaration of 18
Independence; the Mayflower Compact; the writings, speeches, documents, and 19
proclamations of the foundi ng fathers and presidents of the United States; United 20
States Supreme Court decisions; and acts of the United States Congress including 21
the published text of the Congressional Record. There shall be no content -based 22
censorship of American history or herita ge in the Commonwealth based on 23
religious references in these writings, documents, and records. 24
(2)[(4)] Beginning in the 2025 -2026 school year, local boards shall require each 25
public school building that contains instructional space for students in grades six (6) 26
through twelve (12) to conspicuously display in a prominent location, in both 27
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English and Spanish, a printed abstract of KRS 339.210 to 339.450, a list of the 1
limited or prohibited occupations for minors, and a notice stating the working hours 2
per day for each day of the week permissible for minors to work. The same 3
information or display shall also be posted on a district's or school's website. 4
Section 5. The following KRS sections are repealed: 5
158.170 Bible to be read. 6
158.177 Teaching of evolution -- Right to include Bible theory of creation. 7
158.178 Ten Commandments to be displayed. 8
Section 6. This Act shall be cited as the Student Secular Bill of Rights. 9