Safeguarding personal expression at K-12 schools.

26LSO-0411
2026
STATE OF WYOMING
26LSO-0411
Introduced
2.0

HOUSE BILL NO. HB0159

Safeguarding personal expression at K-12 schools.

Sponsored by: Representative(s) Lien, Knapp, Lucas, McCann, Neiman and Yin and Senator(s) Hutchings and Steinmetz

A BILL

for

AN ACT relating to education; specifying protections for speech and expression by students at public schools; specifying activities in which students may engage at schools; specifying remedies; authorizing a cause of action; providing definitions; making conforming amendments; amending the Wyoming Governmental Claims Act; and providing for an effective date.

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

Section 1
.

W.S. 1
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39
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125 and 21
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3
‑
601 are created to read:

1
‑
39
‑
125.

Liability; student expression at schools; waiver.

(a)

A governmental entity is liable for damages resulting from a violation of W.S. 21
‑
3
‑
601 in accordance with W.S. 21
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3
‑
601(g).

(b)

A school as defined by W.S. 21
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3
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601(a)(i) waives immunity under the eleventh amendment to the United States constitution and consents to suit in a federal court for lawsuits arising under W.S. 21
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3
‑
601.

A school that violates W.S. 21
‑
3
‑
601 shall not be immune from suit or liability for the violation.

ARTICLE 6
SAFEGUARDING FREE EXPRESSION

21
‑
3
‑
601.

Protections for student speech and expression; definitions; remedies.

(a)

As used in this section:

(i)

"School" means any school specified in W.S. 21
‑
3
‑
101 and shall not include privately run schools;

(ii)

"Student" means a person who is enrolled in a school on a full
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time or part
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time basis.

(b)

No student shall be discriminated against or penalized by a school for engaging in religious, political or ideological speech or expressing a religious, political or ideological viewpoint in the same time, place and manner and to the same extent that other similarly situated students may engage in speech or express views at school.

(c)

A student may engage in protected speech or expression at school, including but not limited to the following:

(i)

Expressing a religious, political or ideological viewpoint on the topic or subject of discussion or study inside of a class or during an instruction period;

(ii)

Expressing religious, political or ideological viewpoints in a homework assignment, artwork, presentation or other written or oral assignment without discrimination or academic penalty based on the religious, political or ideological content of the student's submission. The student's work shall be assessed by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school;

(iii)

Organizing religious, political or ideological gatherings before school, during instructional time and after school to the same extent and with the same access to school facilities as other student
‑
initiated gatherings are permitted;

(iv)

Wearing clothing, accessories and jewelry that display religious, political or ideological messages or religious, political or ideological symbols in the same manner and to the same extent that other students are permitted to wear clothing, accessories and jewelry that display messages and symbols.

(d)

One (1) or more students may organize religious, political or ideological clubs or organizations before, during and after school to the same extent and with the same access to school facilities and to all benefits and privileges that are afforded to other clubs and organizations authorized by the school.

(e)

Subject to subsection (f) of this section, no school shall discriminate against a student club or organization because of:

(i)

The religious, political or ideological viewpoints expressed by the club, organization or the students within the club or organization;

(ii)

Any requirement that the leaders or members of the club or organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct or further the club's or organization's mission or purpose, as defined by the student club or organization.

(f)

Nothing in this section shall be construed to prevent a school from prohibiting, limiting or restricting:

(i)

Expression that the first amendment to the United States constitution does not protect;

(ii)

Expression that is unwelcome and so severe, pervasive and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the school;

(iii)

Conduct that intentionally, materially and substantially disrupts the operations of the school or the expressive activity of another person if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular student, group of students, club or organization.

(g)

Any person or student club or organization that is harmed by a violation of this section or whose rights under this section are violated shall have a cause of action, in accordance with all of the following:

(i)

The person, club or organization may seek declaratory and injunctive relief, monetary damages, reasonable attorney fees and costs and any other appropriate relief;

(ii)

A person, club or organization prevailing in an action under this subsection shall receive not less than five thousand dollars ($5,000.00) in damages. Nothing in this paragraph shall be construed as limiting or prohibiting a court from awarding damages up to the amounts specified in or in accordance with W.S. 1
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39
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118(a) and (b);

(iii)

Any person, club or organization aggrieved by a violation of this section may assert the violation as a defense or counterclaim in any disciplinary action, administrative proceeding or lawsuit brought against the person, club or organization;

(iv)

Nothing in this section shall be interpreted to limit any other remedies available at law to any person, club or organization;

(v)

A person, club or organization aggrieved by a violation of this section shall commence an action not later than two (2) years after the day the violation occurs. For purposes of this paragraph, each day that a violation of this section persists or remains in effect shall constitute a new day that the cause of action has accrued.

Section 2.

W.S. 1
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39
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104(a) is amended to read:

1
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39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
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39
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105 through 1
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39
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112 and 1
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39
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122 through
1
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39
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124
1
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39
‑
125
. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
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39
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120(b). The claims procedures of W.S. 1
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39
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113 apply to contractual claims against governmental entities.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0159