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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Blackwell, Arnold, Hall,
Burch
HOUSE BILL NO. 1310
(As Passed the House)
AN ACT TO CREATE AND CODIFY NEW SECTION 37-13-4.2, 1
MISSISSIPPI CODE OF 1972, TO REQUIRE THE GOVERNING BOARD OF EACH 2
PUBLIC SCHOOL DISTRICT AND NONSECTARIAN PUBLIC CHARTER SCHOOL TO 3
ADOPT A POLICY PROVIDING A DAILY OPPORTUNITY FOR VOLUNTARY 4
PARTICIPATION BY STUDENTS AND EMPLOYEES IN A PERIOD OF PRAYER AND 5
THE READING OF THE BIBLE OR OTHER RELIGIOUS TEXT; TO REQUIRE SUCH 6
POLICIES TO INCLUDE MANDATORY WRITTEN CONSENT, ACKNOWLEDGMENT OF 7
VOLUNTARINESS AND AN EXPRESS WAIVER OF STATE AND FEDERAL CLAIMS, 8
INCLUDING ESTABLISHMENT CLAUSE CLAIMS; TO PROHIBIT PARTICIPATION 9
WITHOUT PRIOR WRITTEN CONSENT AND TO PROVIDE FOR REVOCATION OF 10
CONSENT WHILE MAINTAINING THE ENFORCEABILITY OF EXECUTED WAIVERS; 11
TO PROHIBIT THE BROADCAST OF PRAYER OR RELIGIOUS READINGS OVER 12
PUBLIC ADDRESS SYSTEMS AND TO REQUIRE THAT SUCH PERIODS NOT 13
SUPPLANT INSTRUCTIONAL TIME; TO REQUIRE SAFEGUARDS ENSURING THAT 14
PRAYER OR RELIGIOUS READINGS ARE NOT KNOWINGLY OR INTENTIONALLY 15
CONDUCTED IN THE PRESENCE OR HEARING OF NONCONSENTING INDIVIDUALS 16
AND TO AUTHORIZE COMPLIANCE THROUGH SCHEDULING BEFORE NORMAL 17
SCHOOL HOURS OR IN FULLY CONSENTED CLASSROOMS OR CAMPUSES; TO 18
REQUIRE THE ATTORNEY GENERAL, UPON REQUEST, TO PROVIDE ADVISORY 19
GUIDANCE, MODEL CONSENT FORMS, AND LEGAL DEFENSE TO PARTICIPATING 20
DISTRICTS OR SCHOOLS AND TO PROVIDE FOR STATE LIABILITY FOR COSTS, 21
JUDGMENTS OR SETTLEMENTS WHEN SUCH DEFENSE IS UNDERTAKEN; TO 22
CLARIFY THAT THE ACT DOES NOT PROHIBIT INDIVIDUAL PRAYER OR 23
RELIGIOUS EXPRESSION DURING OTHER PERIODS OF THE SCHOOL DAY AND 24
DOES NOT CONFLICT WITH ARTICLE 8, SECTION 208 OF THE MISSISSIPPI 25
CONSTITUTION OF 1890 OR EXISTING STATUTORY PROTECTIONS FOR STUDENT 26
RELIGIOUS EXPRESSION; TO BRING FORWARD SECTIONS 37-12-7, 37-13-4, 27
37-13-4.1 AND 37-13-8, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE 28
OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. This act shall be known as the "Mississippi Open 31
to Religion Act". 32
SECTION 2. The following shall be codified as Section 33
37-13-4.2, Mississippi Code of 1972: 34
37-13-4.2. (1) (a) The board of trustees of a public 35
school district or the governing board of a public charter school 36
that is not operated by or affiliated with a religious 37
organization shall adopt a policy requiring every campus of the 38
district or school to provide students and employees with an 39
opportunity to participate in a period of prayer and reading of 40
the Bible or other religious text on each school day in accordance 41
with this section. The period may involve opportunities for 42
voluntary participation in individual or group activities. 43
(b) A policy adopted under this subsection shall 44
include the following statement: "It is the policy of (Name of 45
School District or Public Charter School) that every campus of 46
(Name of School District or Public Charter School) shall provide a 47
period of prayer and reading of the Bible or other religious text 48
as provided by this section. Such period may involve 49
opportunities for voluntary participation in individual or group 50
activities." 51
(c) Policies adopted under this subsection must: 52
(i) Prohibit a student or employee of the public 53
school district or public charter school from being permitted to 54
participate in the period of prayer and reading of the Bible or 55
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other religious text unless the employee on his own behalf or the 56
parent or guardian of the student submits to the district or 57
school a signed consent form that includes: 58
1. An acknowledgment that the student or 59
employee has a choice as to whether to participate in the period 60
of prayer and reading of the Bible or other religious text; 61
2. A statement that the employee on his own 62
behalf or parent or guardian of the student has no objection to 63
participating in or hearing of the prayers or readings offered 64
during the period; and 65
3. An express waiver of the right to bring a 66
claim under state or federal law arising out of the adoption of a 67
policy under this section, including a claim under the 68
Establishment Clause of the First Amendment to the United States 69
Constitution or a related state or federal law, releasing the 70
district or school and district or school employees from liability 71
for those claims brought in state or federal court; 72
(ii) Prohibit the provision of a prayer or reading 73
of the Bible or other religious text over a public address system; 74
and 75
(iii) Specify that a period of prayer or reading 76
of the Bible or other religious text may not be a substitute for 77
instructional time. 78
(2) An employee on his own behalf or the parent or guardian 79
of a student may revoke consent provided under subsection (l)(c) 80
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by informing the appropriate school administrator, as determined 81
by the school district or public charter school. An employee or 82
student for whom consent has been revoked under this subsection: 83
(a) May not participate in the period of prayer and 84
reading of the Bible or other religious text until the employee or 85
parent or guardian of the student submits to the district or 86
school a new consent form under subsection (l)(c); and 87
(b) Remains bound by the waiver described in subsection 88
(1)(c)(i)3. 89
(3) A policy adopted under subsection (1): 90
(a) Must include provisions ensuring a prayer or 91
reading of the Bible or other religious text is not knowingly or 92
intentionally provided in the physical presence of, within the 93
hearing of, or in another manner which would constitute an injury 94
in fact within the meaning of the United States or Mississippi 95
Constitution of 1890 on a person for whom a signed consent form 96
has not been submitted under subsection (1)(c) or has been revoked 97
under subsection (2); and 98
(b) In order to comply with this subsection (3), may 99
allow that the period of prayer and reading of the Bible or other 100
religious text be provided: 101
(i) Before or after normal school hours; or 102
(ii) In areas within school facilities or on 103
school premises designated through rules and regulations adopted 104
by the local school board, which govern such activities, provided 105
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that the time of use of the designated areas does not interfere 106
with instruction of other programs authorized by the school 107
district during the normal school hours as prescribed in 108
subparagraph (i) of this paragraph (b). 109
(4) (a) The Attorney General, on request from a school 110
board or governing board of a public charter school, shall: 111
(i) Provide advice on best methods for a district 112
or school to comply with the requirements of this section; 113
(ii) Provide a model consent form that may be used 114
for purposes of providing consent under subsection (1)(c); and 115
(iii) Defend the district or school in a cause of 116
action arising out of the adoption of a policy under subsection 117
(1). 118
(b) If the Attorney General defends a district or 119
public charter school under paragraph (a) of this subsection, the 120
state shall be liable for the expenses, costs, judgements or 121
settlements of claims arising out of the representation. The 122
Attorney General may settle or compromise any claims under this 123
subsection. The state may not be liable for any expenses, costs, 124
judgements or settlements of any claims arising out of the 125
adoption of a policy under subsection (1) against a district or 126
school not being represented by the Attorney General. 127
(5) This section does not prohibit a student or employee 128
of the district or school from participating in prayer or 129
reading the Bible or other religious text during a period of the 130
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school day that is not designated as a period of prayer and 131
reading of the Bible or other religious text. 132
(6) Nothing in this act shall be construed to conflict with 133
Article 8, Section 208 Mississippi Constitution of 1890. Nothing 134
in this act shall be construed to restrict or limit a student's 135
right to pray or engage in other religious activities or religious 136
expressions as provided in Sections 37-12-7, 37-13-4, 37-13-4.1 137
and 37-13-8, or those provided by the Free Exercise Clause of the 138
First Amendment to the United States Constitution. 139
SECTION 3. Section 37-12-7, Mississippi Code of 1972, is 140
brought forward as follows: 141
37-12-7. Students in public schools may pray or engage in 142
religious activities or religious expression before, during and 143
after the school day in the same manner and to the same extent 144
that students may engage in nonreligious activities or expression. 145
Students may organize prayer groups, religious clubs, "see you at 146
the pole" gatherings, or other religious gatherings before, during 147
and after school to the same extent that students are permitted to 148
organize other noncurricular student activities and groups. 149
Religious groups must be given the same access to school 150
facilities for assembling as is given to other noncurricular 151
groups without discrimination based on the religious content of 152
the students' expression. If student groups that meet for 153
nonreligious activities are permitted to advertise or announce 154
meetings of the groups, the school district may not discriminate 155
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against groups that meet for prayer or other religious speech. A 156
school district may disclaim school sponsorship of noncurricular 157
groups and events in a manner that neither favors nor disfavors 158
groups that meet to engage in prayer or religious speech. 159
Students in public schools may wear clothing, accessories and 160
jewelry that display religious messages or religious symbols in 161
the same manner and to the same extent that other types of 162
clothing, accessories and jewelry that display messages or symbols 163
are permitted. 164
SECTION 4. Section 37-13-4, Mississippi Code of 1972, is 165
brought forward as follows: 166
37-13-4. It shall be lawful for any teacher or school 167
administrator in any of the schools of the state which are 168
supported, in whole or in part, by the public funds of the state, 169
to permit the voluntary participation by students or others in 170
prayer. Nothing contained in this section shall authorize any 171
teacher or other school authority to prescribe the form or content 172
of any prayer. The provisions of this section shall not be 173
construed to amend or repeal the provisions of Section 37-13-4.1 174
but shall be considered as supplemental and in addition to the 175
provisions of Section 37-13-4.1. 176
SECTION 5. Section 37-13-4.1, Mississippi Code of 1972, is 177
brought forward as follows: 178
37-13-4.1. (1) The legislative intent and purpose for this 179
section is to protect the freedom of speech guaranteed by the 180
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First Amendment to the United States Constitution, to define for 181
the citizens of Mississippi the rights and privileges that are 182
accorded them on public school property, other public property or 183
other property at school-related events; and to provide guidance 184
to public school officials on the rights and requirements of law 185
that they must apply. The intent and purpose of the Legislature 186
is to accommodate the free exercise of religious rights of its 187
student citizens in the public schools and at public school events 188
as provided to them by the First Amendment to the United States 189
Constitution and the judicial interpretations thereof as given by 190
the United States Supreme Court. 191
(2) On public school property, other public property or 192
other property, invocations, benedictions or nonsectarian, 193
nonproselytizing student-initiated voluntary prayer shall be 194
permitted during compulsory or noncompulsory school-related 195
student assemblies, student sporting events, graduation or 196
commencement ceremonies and other school-related student events. 197
(3) This section shall not diminish the right of any student 198
or person to exercise his rights of free speech and religion, 199
including prayer, as permitted by the United States Constitution, 200
on public school property, other public property or other 201
property, at times or events other than those stated in subsection 202
(2) of this section. 203
(4) The exercise of the rights guaranteed under subsection 204
(2) of this section shall not be construed to indicate any 205
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support, approval or sanction of the contents of any such prayer, 206
invocation, benediction or other activity, or be construed as an 207
unconstitutional use of any public property or other property by 208
the State of Mississippi or any agency, department, board, 209
commission, institution or other instrumentality thereof or any 210
political subdivision of the state, including any county or 211
municipality and any instrumentality thereof. The exercise of 212
these rights on public school property, other public property or 213
on other property for school-related activities, by students or 214
others, shall not be construed as the promotion or establishment 215
of any religion or religious belief. 216
(5) The provisions of this section are severable. If any 217
part of this section is declared invalid or unconstitutional, that 218
declaration shall not affect the part or parts that remain. 219
SECTION 6. Section 37-13-8, Mississippi Code of 1972, is 220
brought forward as follows: 221
37-13-8. (1) In each public school classroom, the local 222
school governing board may authorize a brief period of quiet 223
reflection for not more than sixty (60) seconds at the opening of 224
school upon every school day. 225
(2) The moment of quiet reflection authorized by subsection 226
(1) of this section is not intended to be and shall not be 227
conducted as a religious service or exercise but is considered an 228
opportunity for a moment of silent reflection. 229
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ST: "Mississippi Open to Religion Act";
establish.
SECTION 7. This act shall take effect and be in force from 230
and after July 1, 2026. 231