Public schools; allow voluntary prayer, require Ten Commandments to be displayed, and require certain size of U.S. flag.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Rhodes

SENATE BILL NO. 2239

AN ACT TO AMEND SECTIONS 37-12-5, 37-12-7, 37-12-11, 1
37-13-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A FRAMED COPY 2
OF THE TEN COMMANDMENTS SHALL BE ON DISPLAY IN EVERY CLASSROOM; TO 3
SET THE SIZE REQUIREMENTS FOR THE TEN COMMANDMENTS AND THE U.S. 4
FLAG THAT MUST BE DISPLAYED IN EVERY CLASSROOM; TO PROHIBIT STAFF 5
AND FACULTY OF SCHOOL DISTRICTS FROM DISCRIMINATION AND REPRISAL 6
BASED ON RELIGIOUS VIEWS AND BELIEFS; TO PROVIDE THAT THERE SHALL 7
BE A NONDENOMINAL PRAYER SAID AT THE START OF EACH SCHOOL DAY IN 8
EACH PUBLIC AND CHARTER SCHOOL IN THE STATE; TO PROVIDE THAT ANY 9
STUDENT OR FACULTY MEMBER NOT WISHING TO TAKE PART IN THE DAILY 10
PRAYER OR PLEDGE OF ALLEGIANCE SHALL NOT BE REQUIRED TO 11
PARTICIPATE; TO REQUIRE THAT THIS ACT APPLY BEGINNING IN THE 12
2026-2027 SCHOOL YEAR; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 37-12-5, Mississippi Code of 1972, is 15
amended as follows: 16
37-12-5. (1) Students may express their beliefs about 17
religion in homework, artwork, and other written and oral 18
assignments free from discrimination based on the religious 19
content of their submissions. Homework and classroom assignments 20
must be judged by ordinary academic standards of substance and 21
relevance and against other legitimate pedagogical concerns 22
identified by the school district. Students may not be penalized 23
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or rewarded on account of the religious content of their work. If 24
an assignment requires a student's viewpoint to be expressed in 25
coursework, artwork or other written or oral assignments, a public 26
school shall not penalize or reward a student on the basis of 27
religious content or a religious viewpoint. In such an 28
assignment, a student's academic work that expresses a religious 29
viewpoint shall be evaluated based on ordinary academic standards 30
of substance and relevance to the course curriculum or 31
requirements of the coursework or assignment. 32
(2) A framed copy of the Ten Commandments in a size and 33
typeface that is legible to a person with average vision shall be 34
on display in every classroom. The copy shall be at least sixteen 35
(16) inches wide and twenty (20) inches tall. 36
(3) Staff and faculty of school districts shall be free from 37
discrimination and reprisal based on religious views and beliefs. 38
SECTION 2. Section 37-12-7, Mississippi Code of 1972, is 39
amended as follows: 40
37-12-7. Students in public schools may pray or engage in 41
religious activities or religious expression before, during and 42
after the school day in the same manner and to the same extent 43
that students may engage in nonreligious activities or expression. 44
Students may organize prayer groups, religious clubs, "see you at 45
the pole" gatherings, or other religious gatherings before, during 46
and after school to the same extent that students are permitted to 47
organize other noncurricular student activities and groups. 48
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Religious groups must be given the same access to school 49
facilities for assembling as is given to other noncurricular 50
groups without discrimination based on the religious content of 51
the students' expression. If student groups that meet for 52
nonreligious activities are permitted to advertise or announce 53
meetings of the groups, the school district may not discriminate 54
against groups that meet for prayer or other religious speech. A 55
school district may disclaim school sponsorship of noncurricular 56
groups and events in a manner that neither favors nor disfavors 57
groups that meet to engage in prayer or religious speech. 58
Students in public schools may wear clothing, accessories and 59
jewelry that display religious messages or religious symbols in 60
the same manner and to the same extent that other types of 61
clothing, accessories and jewelry that display messages or symbols 62
are permitted. 63
In each public school and charter school in the state, a 64
nondenominational prayer shall be said over the PA System and in 65
each classroom at the start of each scheduled school day. 66
SECTION 3. Section 37-12-11, Mississippi Code of 1972, is 67
amended as follows: 68
37-12-11. (1) This chapter shall not be construed to 69
authorize this state or any of its political subdivisions to do 70
either of the following: 71
(a) Require any person to participate in prayer or in 72
any other religious activity. 73
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(b) Violate the constitutional rights of any person. 74
(2) Any student or faculty member not wishing to take part 75
in the daily prayer or Pledge of Allegiance shall not be required 76
to participate. Such student or faculty member may remain seated 77
at their desk and silent during the prayer and/or Pledge of 78
Allegiance, as applicable. 79
SECTION 4. Section 37-13-6, Mississippi Code of 1972, is 80
amended as follows: 81
37-13-6. (1) The flag of the United States shall be 82
displayed in close proximity to the school building, on a proper 83
staff, at all times during the hours of daylight when the school 84
is in session when the weather will permit without damage to the 85
flag. In addition, the flag of the United States shall be 86
displayed in each classroom and in each principal room of the 87
school building at all times while school is in session. Such 88
flag shall be at least thirty-six (36) inches long and twenty-four 89
(24) inches tall. It shall be the duty of the school boards of 90
each school district to provide for the flags, proper flag staffs 91
and their proper display. Each school district shall provide 92
student instruction in the proper etiquette toward, correct 93
display of, and respect for the flag, and in patriotic exercises. 94
The instruction shall be a part of the district's fifth-grade 95
social studies curriculum or history curriculum, with the 96
assistance of the State Department of Education. 97
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ST: Public schools; allow voluntary prayer,
require Ten Commandments to be displayed, and
require certain size of U.S. flag.
(2) From and after July 1, 2002, the school boards of all 98
public schools of this state shall require the teachers under 99
their control to have all pupils repeat the oath of allegiance to 100
the flag of the United States of America at the beginning of the 101
first hour of class each day school is in session, such oath of 102
allegiance being as follows: 103
"I pledge allegiance to the flag of the United States of 104
America, and to the Republic for which it stands, one nation under 105
God, indivisible, with liberty and justice for all." 106
Any student or teacher who objects to reciting the oath of 107
allegiance shall be excused from participating without penalty. 108
SECTION 5. This act shall apply beginning in the 2026-2027 109
school year. This act shall not grant any additional rulemaking 110
authority to a state officer, institution, political subdivision 111
or agency. 112
SECTION 6. This act shall take effect and be in force from 113
and after July 1, 2026. 114