Mississippi Open to Religion Act; enact.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) England

SENATE BILL NO. 2301

AN ACT TO CREATE NEW SECTION 37-13-61, MISSISSIPPI CODE OF 1
1972, TO ENACT THE MISSISSIPPI OPEN TO RELIGION ACT; TO REQUIRE 2
THE GOVERNING BOARD OF A SCHOOL DISTRICT OR PUBLIC CHARTER SCHOOL 3
TO ADOPT A POLICY REQUIRING EVERY CAMPUS OF THE DISTRICT OR SCHOOL 4
TO PROVIDE STUDENTS AND EMPLOYEES WITH AN OPPORTUNITY TO 5
PARTICIPATE IN A PERIOD OF PRAYER AND READING OF THE BIBLE OR 6
OTHER RELIGIOUS TEXT ON EACH SCHOOL DAY; TO PROVIDE THE TERMS OF 7
THE POLICY; TO PROVIDE FOR CONSENT AND REVOCATION OF CONSENT BY 8
SCHOOL EMPLOYEES AND STUDENTS, OR THE PARENTS OR GUARDIANS OF 9
STUDENTS; TO PROVIDE THE DUTIES OF THE ATTORNEY GENERAL UNDER THIS 10
ACT; TO SPECIFY THAT COMPLIANCE WITH THIS ACT SHALL BE REQUIRED 11
BEGINNING WITH THE 2026-2027 SCHOOL YEAR; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. The following shall be codified as Section 15
37-13-61, Mississippi Code of 1972: 16
37-13-61. (1) This section shall be known and may be cited 17
as the "Mississippi Open to Religion Act." 18
(2) (a) The governing board of a school district or public 19
charter school shall adopt a policy described by paragraph (b) of 20
this subsection requiring every campus of the district or school 21
to provide students and employees with an opportunity to 22
participate in a period of prayer and reading of the Bible or 23
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other religious text on each school day in accordance with this 24
section. Such period may involve opportunities for voluntary 25
participation in individual or group activities. 26
(b) A policy adopted under this subsection (2) shall 27
include the following statement: 28
"It is the policy of (insert name of school district or 29
charter school) that every campus of (insert name of district or 30
school) shall provide a period of prayer and reading of the Bible 31
or other religious text as provided by Section 37-13-61, 32
Mississippi Code of 1972. Such period may involve opportunities 33
for voluntary participation in individual or group activities." 34
(3) A policy adopted under subsection (2) of this section 35
must: 36
(a) Prohibit a student or employee of the school 37
district or charter school from being permitted to participate in 38
the period of prayer and reading of the Bible or other religious 39
text unless the employee on his own behalf or the parent or 40
guardian of the student submits to the district or school a signed 41
consent form that includes: 42
(i) An acknowledgment that the student or employee 43
has a choice as to whether to participate in the period of prayer 44
and reading of the Bible or other religious text; 45
(ii) A statement that the employee on his own 46
behalf or parent or guardian of the student has no objection to 47
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participating in or hearing of the prayers or readings offered 48
during the period; and 49
(iii) An express waiver of the right to bring a 50
claim under state or federal law arising out of the adoption of a 51
policy under this section, including a claim under the 52
Establishment Clause of the First Amendment to the United States 53
Constitution or a related state or federal law, releasing the 54
district or school and district or school employees from liability 55
for those claims brought in state or federal court; 56
(b) Prohibit the provision of a prayer or reading of 57
the Bible or other religious text over a public address system; 58
and 59
(c) Specify that a period of prayer or reading of the 60
Bible or other religious text may not be a substitute for 61
instructional time. 62
(4) An employee on his own behalf or the parent or guardian 63
of a student may revoke consent provided under subsection (3)(a) 64
of this section by informing the appropriate school administrator, 65
as determined by the school district or charter school. An 66
employee or student for whom consent has been revoked under this 67
subsection: 68
(a) May not participate in the period of prayer and 69
reading of the Bible or other religious text until the employee or 70
parent or guardian of the student submits to the district or 71
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school a new consent form under subsection (3)(a) of this section; 72
and 73
(b) Remains bound by the waiver described by subsection 74
(3)(a)(iii) of this section. 75
(5) A policy adopted under subsection (2) of this section: 76
(a) Must include provisions ensuring a prayer or 77
reading of the Bible or other religious text is not knowingly or 78
intentionally provided in the physical presence of, within the 79
hearing of, or in another manner which would constitute an injury 80
in fact within the meaning of the United States or Mississippi 81
Constitution on a person for whom a signed consent form has not 82
been submitted under subsection (3)(a) of this section or has been 83
revoked under subsection (4) of this section; and 84
(b) In order to comply with this subsection, may allow 85
that the period of prayer and reading of the Bible or other 86
religious text be provided: 87
(i) Before normal school hours; or 88
(ii) Only in classrooms or other areas in which a 89
consent form under subsection (3)(a) of this section has been 90
submitted for every employee and student, which may include an 91
entire school district or charter school campus if a consent form 92
has been submitted for each employee and student at the campus. 93
(6) The attorney general, on request from the governing 94
board of a school district or charter school, shall: 95
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(a) Provide advice on best methods for a district or 96
school to comply with the requirements of this section; 97
(b) Provide a model consent form that may be used for 98
purposes of providing consent under subsection (3)(a) of this 99
section; and 100
(c) Defend the district or school in a cause of action 101
arising out of the adoption of a policy under subsection (2) of 102
this section. 103
(7) If the attorney general defends a school district or 104
charter school under subsection (6)(c) of this section, the state 105
is liable for the expenses, costs, judgments, or settlements of 106
the claims arising out of the representation. The attorney 107
general may settle or compromise any and all claims under this 108
subsection. The state may not be liable for any expenses, costs, 109
judgments, or settlements of any claims arising out of the 110
adoption of a policy under subsection (2) of this section against 111
a district or school not being represented by the attorney 112
general. 113
(8) This section does not prohibit a student or employee of 114
the district or school from participating in prayer or reading the 115
Bible or other religious text during a period of the school day 116
that is not designated as a period of prayer and reading of the 117
Bible or other religious text. Nothing in this act shall be 118
construed to conflict with Article 8, Section 208 of the 119
Mississippi Constitution. Nothing in this act shall be construed 120
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ST: Mississippi Open to Religion Act; enact.
to restrict or limit a student's right to pray or engage in other 121
religious activities or religious expression as provided in 122
Mississippi Code Annotated, Sections 11-6-1, 37–12–1 to 37–12–15, 123
37-13-4, 37-13-4.1, 37-13-8, inclusive, or provided by the Free 124
Exercise Clause of the First Amendment to the United States 125
Constitution. 126
(9) Compliance with this section shall be required beginning 127
with the 2026-2027 school year. 128
SECTION 2. This act shall take effect and be in force from 129
and after July 1, 2026. 130