Student religious liberties.

2015
STATE OF WYOMING
15LSO-0362
ENGROSSED
3.1

HOUSE BILL

NO.

HB0090

Student religious liberties.

Sponsored by:
Representative(s) Kroeker, Baker, Edmonds, Gay, Halverson, Jaggi, Jennings, Loucks, McKim, Miller, Piiparinen, Reeder, Steinmetz and Winters and Senator(s) Dockstader

A BILL

for

AN ACT relating to education; providing for voluntary student expression of religious expression in public schools; specifying requirements for school districts; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
4
‑
701 through 21
‑
4
‑
706
are
created to read:

ARTICLE 7
WYOMING STUDENT RELIGIOUS LIBERTIES ACT OF 2015

21
‑
4
‑
701
.

Wyoming Student Religious Liberties Act of 2015.

This article shall be cited as the "Wyoming Student Religious Liberties Act of 2015."

21
‑
4
‑
702
.

S
tudent expression.

(a)

A public school district shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression.

(b)

A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of
a secular
or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

21
‑
4
‑
703
.

R
eligious expression in class assignments.

Students may express their beliefs about religion in homework, artwork and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students may not be penalized or rewarded on account of the religious content of their work. If an assignment requires a student's viewpoint to be expressed in coursework, artwork or other written or oral assignments, a public school shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In an assignment
requiring a student’s viewpoint
, a student's academic work that expresses a religious viewpoint shall be evaluated based on ordinary academic standards of substance and relevance to the course curriculum or requirements of the coursework or assignment.

21
‑
4
‑
704
.

Freedom to organize religious groups and activities.

(a)

Students in public schools may pray or engage in religious activities or religious expression before, during and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression. Students may organize prayer groups, religious clubs or other religious gatherings before, during and after school to the same extent that students are permitted to organize other
noncurricular
student activities and groups.

(b)

Religious groups shall be given the same access to school facilities for assembling as is given to other
noncurricular
groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district
shall
not discriminate against groups that meet for prayer or other religious speech.

(c)

A school district may disclaim school sponsorship of
noncurricular
groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

(d)

Students in public schools may wear clothing, accessories and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories and jewelry that display messages or symbols are permitted.

21
‑
4
‑
705
.

Limited public forum; school district policy.

(a)

To ensure that the school district does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of a student's expression of a religious viewpoint, if any, a school district shall adopt a policy
permitting a limited public forum for student speakers in the event students or parents request such a forum.

(b)

The policy regarding the limited public forum shall require the school district to
, upon request, p
rovide the forum in a manner that does
not discriminate
against a
student's voluntary expression of a religious viewpoint, if any, on a
n otherwise permissible subject.

(c
)

Student expression on an otherwise permissible subject shall not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.

(d
)

Not later than August 15, 2015, all school districts shall adopt and implement a policy regarding a limited public forum and voluntary student expression of religious viewpoints.

21
‑
4
‑
706
.

Construction.

(a)

This act shall not be construed to authorize the state or any of its political subdivisions to:

(
i
)

Require any person to participate in prayer or in any other religious activity; or

(ii)

Violate the constitutional rights of any person.

(b)

This act shall not be construed to limit the authority of any public school to:

(
i
)

Maintain order and discipline on the campus of the public school in a content and viewpoint neutral manner;

(ii)

Protect the safety of students, employees and visitors of the public school; or

(iii)

Adopt and enforce policies and procedures regarding student speech at school provided that the policies and procedures do not violate the rights of students as guaranteed by the United States and Wyoming constitutions and laws.

Section 2
.

This act
applies beginning with the 2015
‑
2016 school year.

Section 3
.

This act is effective July 1, 2015.

(END)

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HB0090