Prayer in school; expand protections and authorize school boards to designate specific periods for.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Butler

SENATE BILL NO. 2505

AN ACT TO AMEND SECTION 37-13-8, MISSISSIPPI CODE OF 1972, TO 1
PERMIT LOCAL SCHOOL BOARDS TO DESIGNATE A PERIOD OF REFLECTION AT 2
THE BEGINNING OF EACH SCHOOL DAY TO PROVIDE FOR STUDENT-INITIATED 3
PRAYER ON A VOLUNTARY BASIS; TO BRING FORWARD SECTION 37-13-4, 4
MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 5
TO AMEND SECTION 37-13-4.1, MISSISSIPPI CODE OF 1972, TO PERMIT 6
LOCAL SCHOOL BOARDS TO DESIGNATE A PERIOD OF PRAYER OR REFLECTION 7
AT SCHOOL EVENTS; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-13-8, Mississippi Code of 1972, is 10
amended as follows: 11
37-13-8. (1) In each public school classroom, the local 12
school governing board may * * * designate a * * * period of * * * 13
reflection * * * at the opening of school upon every school day in 14
which nonsectarian, nonproselytizing student-initiated prayer must 15
be allowed in silence or audible communication for those students 16
desiring to voluntarily participate. 17
(2) The moment of * * * reflection authorized by subsection 18
(1) of this section is not intended to be and shall not be 19
conducted as a religious service or exercise but is considered an 20
opportunity for a moment of * * * reflection that does not 21
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conflict with the authority granted under Sections 37-13-4 and 22
37-13-4.1. 23
SECTION 2. Section 37-13-4, Mississippi Code of 1972, is 24
brought forward as follows: 25
37-13-4. It shall be lawful for any teacher or school 26
administrator in any of the schools of the state which are 27
supported, in whole or in part, by the public funds of the state, 28
to permit the voluntary participation by students or others in 29
prayer. Nothing contained in this section shall authorize any 30
teacher or other school authority to prescribe the form or content 31
of any prayer. The provisions of this section shall not be 32
construed to amend or repeal the provisions of Section 37-13-4.1 33
but shall be considered as supplemental and in addition to the 34
provisions of Section 37-13-4.1. 35
SECTION 3. Section 37-13-4.1, Mississippi Code of 1972, is 36
amended as follows: 37
37-13-4.1. (1) The legislative intent and purpose for this 38
section is to protect the freedom of speech guaranteed by the 39
First Amendment to the United States Constitution, to define for 40
the citizens of Mississippi the rights and privileges that are 41
accorded them on public school property, other public property or 42
other property at school-related events; and to provide guidance 43
to public school officials on the rights and requirements of law 44
that they must apply. The intent and purpose of the Legislature 45
is to accommodate the free exercise of religious rights of its 46
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student citizens in the public schools and at public school events 47
as provided to them by the First Amendment to the United States 48
Constitution and the judicial interpretations thereof as given by 49
the United States Supreme Court. 50
(2) On public school property, other public property or 51
other property, invocations, benedictions or nonsectarian, 52
nonproselytizing student-initiated voluntary prayer shall be 53
permitted during compulsory or noncompulsory school-related 54
student assemblies, student sporting events, graduation or 55
commencement ceremonies and other school-related student events. 56
The local school board may designate a period of reflection or 57
prayer during school-related student events at which prayer is 58
permitted under this subsection. 59
(3) This section shall not diminish the right of any student 60
or person to exercise his rights of free speech and religion, 61
including prayer, as permitted by the United States Constitution, 62
on public school property, other public property or other 63
property, at times or events other than those stated in subsection 64
(2) of this section. 65
(4) The exercise of the rights guaranteed under subsection 66
(2) of this section shall not be construed to indicate any 67
support, approval or sanction of the contents of any such prayer, 68
invocation, benediction or other activity, or be construed as an 69
unconstitutional use of any public property or other property by 70
the State of Mississippi or any agency, department, board, 71
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ST: Prayer in school; expand protections and
authorize school boards to designate specific
periods for.
commission, institution or other instrumentality thereof or any 72
political subdivision of the state, including any county or 73
municipality and any instrumentality thereof. The exercise of 74
these rights on public school property, other public property or 75
on other property for school-related activities, by students or 76
others, shall not be construed as the promotion or establishment 77
of any religion or religious belief. 78
(5) The provisions of this section are severable. If any 79
part of this section is declared invalid or unconstitutional, that 80
declaration shall not affect the part or parts that remain. 81
SECTION 4. This act shall take effect and be in force from 82
and after July 1, 2026. 83