Relating to education, including by modifying provisions related to the protected speech and expression rights of students enrolled in school districts, charter schools, and innovation zone schools and the duties of the department of education, and providing civil penalties

The bill requires schools to allow students to express a religious, political, or ideological viewpoint on the topic or subject of discussion or study during class; express religious, political, or ideological viewpoints in school work without being discriminated against or the imposition of an academic penalty based on the content of the student’s expressions; organize religious, political, or ideological gatherings or clubs; and wear clothing, accessories, and jewelry that display religious, political, or ideological messages or symbols in the same manner, and to the same extent, as the school permits other students. The bill prohibits schools from discriminating against a club organized by a student because of the religious, political, or ideological viewpoints expressed by the club; the religious, political, or ideological viewpoints expressed by students who are members of the club; or any requirement that the leaders or members of the club affirm or adhere to any particular beliefs, comply with the club’s standards of conduct, or further the club’s mission or purpose. The bill requires the director of DE to annually distribute the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools to members of the boards of directors of school districts, members of the governing boards of charter schools, superintendents employed by school districts, principals employed by school districts, charter schools, or innovation zone schools, and teachers employed by school districts, charter schools, or innovation zone schools. The director is also required to publish on DE’s internet site a link to the most recent version of the guidance. In addition, the director is required to develop and distribute to schools a professional development training program regarding constitutionally protected prayer and religious expression in schools. Schools are required to annually notify each employee of the guidance, and to offer professional development opportunities to each employee regarding constitutionally protected prayer and religious expression in schools. Schools are also required to adopt a policy that ensures the school complies with federal religious expression standards and annually certify to DE that the school is in compliance with such policy. The director of DE is required to develop and distribute to schools a model policy that, if adopted by the school, would satisfy the school’s responsibilities relating to the adoption of policies that ensure compliance with federal religious expression standards. The bill authorizes any individual or club organized by a student alleging a violation of the bill’s provisions by a school to bring a civil action for declaratory relief, injunctive relief, monetary damages, reasonable attorney fees, court costs, and any other appropriate relief. A court is required to assess a civil penalty of not less than $5,000 against a school that fails to comply with the bill’s provisions. The civil penalty is payable to the prevailing individual or club organized by a student. The bill authorizes an individual or club organized by a student aggrieved by a school’s violation of the bill’s provisions to assert such violation as a defense or counterclaim in any disciplinary action, civil proceeding, or administrative proceeding that is brought against the individual or club. The bill provides that a civil action brought under this subsection is barred unless the action is commenced not later than two years after the day the cause of action accrues. The bill constitutes a waiver of any sovereign immunity provided to schools under the Constitution of the United States. A school that violates the bill’s provisions is not immune from suit or liability for such violation and consents to suit in federal court for any actions arising under the bill’s provisions. The bill is not to be construed to prevent a school from prohibiting, limiting, or restricting expression that is not protected under the Constitution of the United States; expression that is unwelcome and that denies a student access to educational opportunities or benefits provided by the school; or conduct that disrupts school operations or the expressive activity of another individual if that activity is occurring on school property in an area reserved for that activity under the exclusive use or control of a particular student, group of students, or a club organized by a student.