1Providing for voluntary student expression of religious
2viewpoints in public schools; requiring public school
3districts to allow religious expression in class assignments,
4to provide students with the freedom to organize religious
5groups and activities and to provide a limited public forum
6for student speakers at nongraduation and graduation events;
7and providing for a model policy for voluntary religious
8expression in public schools.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Short title.

12This act shall be known and may be cited as the Student
13Religious Liberties Act.

14Section 2. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Department." The Department of Education of the
19Commonwealth.

1"Public school entity." Any of the following:

2(1) A school district, as defined in section 102 of the
3act of March 10, 1949 (P.L.30, No.14), known as the Public
4School Code of 1949.

5(2) A charter school, cyber charter school or regional
6charter school, as defined in section 1703-A of the Public
7School Code of 1949.

8(3) An intermediate unit, as established pursuant to
9Article IX-A of the Public School Code of 1949.

10(4) An area vocational-technical school, as established
11pursuant to Article XVIII of the Public School Code of 1949.

12Section 3. Student expression.

13(a) Prohibition.--A public school entity may not
14discriminate against a student or parent on the basis of a
15religious viewpoint or religious expression.

16(b) Treatment.--A public school entity shall treat a
17student's voluntary expression of a religious viewpoint on an
18otherwise permissible subject in the same manner that the public
19school entity treats a student's voluntary expression of a
20secular or other viewpoint on an otherwise permissible subject
21and may not discriminate against the student based on a
22religious viewpoint expressed by the student on an otherwise
23permissible subject.

24Section 4. Religious expression in a class assignment.

25(a) Expression permitted.--A student may express the
26student's beliefs about religion in homework, artwork and other
27written and oral assignments free from discrimination based on
28the religious content of the submission. Homework and
29assignments must be judged by ordinary academic standards of
30substance and relevance and against other legitimate pedagogical

1concerns identified by the public school entity.

2(b) Penalty or reward prohibited.--

3(1) A public school entity shall not penalize or reward
4a student based on the religious content of the student's
5work.

6(2) If an assignment requires a student's viewpoint to
7be expressed in coursework, artwork or written or oral
8assignments, a public school entity shall not penalize or
9reward a student on the basis of religious content or a
10religious viewpoint. In evaluating an assignment under this
11paragraph, a public school entity shall evaluate a student's
12academic work that expresses a religious viewpoint based on
13ordinary academic standards of substance and relevance to the
14course curriculum or requirements of the coursework or
15assignment.

16Section 5. Freedom to organize a religious group and activity.

17(a) Time.--A student enrolled in a public school entity may
18pray or engage in a religious activity or religious expression
19before, during and after the school day in the same manner and
20to the same extent as a student may engage in secular activities
21or expression.

22(b) Organization.--A student enrolled in a public school
23entity may organize a prayer group, religious club or other
24religious gathering before, during and after the school day to
25the same extent as a student is permitted to organize a secular,
26noncurricular student group or activity.

27(c) Access.--A public school entity shall provide a
28religious group the same access to a school facility for
29assembling as the public school entity provides to secular,
30noncurricular groups without discrimination based on the

1religious content of the students' expression or religious
2viewpoint of the group.

3(d) Advertisement.--If a public school entity permits a
4student group that meets for secular activities to use school
5premises, property or services to advertise or announce group
6meetings, the public school entity shall permit a student group
7that meets for prayer or other religious speech the same access
8to school premises, property or services to advertise or
9announce group meetings.

10(e) Disclaimer.--A public school entity may disclaim school
11sponsorship of noncurricular groups and events in a manner that
12neither favors nor disfavors groups that meet to engage in
13prayer or religious speech.

14(f) Clothing.--A student enrolled in a public school entity
15may wear clothing, accessories and jewelry that display a
16religious message or religious symbol in the same manner and to
17the same extent that a student may wear clothing, accessories
18and jewelry that display a secular message or symbol.

19Section 6. Limited public forum.

20(a) General rule.--A public school entity shall establish a
21limited public forum for student speakers at any school event at
22which a student will publicly speak and shall:

23(1) Not discriminate against a student's voluntary
24expression of a religious viewpoint on an otherwise
25permissible subject.

26(2) Develop and utilize a method, based on neutral
27criteria, for the selection of one or more student speakers
28at school events including, but not limited to, a graduation
29ceremony.

30(3) Ensure that a student speaker does not engage in

1obscene, vulgar, offensively lewd or indecent speech.

2(4) State in writing, orally or both, that the student's
3speech does not reflect the endorsement, sponsorship,
4position or expression of the public school entity. The
5disclaimer required under this paragraph shall be provided at
6graduation ceremonies and at any other event in which a
7student speaks publicly.

8(b) Exclusion prohibited.--A public school entity shall not
9exclude student expression on an otherwise permissible subject
10from the limited public forum because the student expresses a
11religious viewpoint.

12Section 7. Policy.

13(a) Model policy.--Not later than October 1, 2013, the
14department shall develop a model policy for public school
15entities that is consistent with this act. The department shall
16post the model policy on its publicly accessible Internet
17website.

18(b) Public school entity policy.--

19(1) Not later than January 1, 2014, each public school
20entity shall:

21(i) adopt the model policy developed by the
22department pursuant to subsection (a);

23(ii) develop and adopt its own policy related to
24student religious liberties that is consistent with this
25act; or

26(iii) amend an existing policy related to student
27religious liberties in a manner consistent with this act.

28(2) The public school entity shall post the policy
29required under paragraph (1) on its publicly accessible
30Internet website, if available, in every classroom and at a

1prominent location within each school building where such
2policies are usually posted.

3Section 8. Limitations.

4(a) Participation not required.--This act shall not be
5construed to authorize this Commonwealth or any public school
6entity to do any of the following:

7(1) Require an individual to participate in prayer or in
8any other religious activity.

9(2) Violate the constitutional rights of an individual.

10(b) Authority preserved.--This act shall not be construed to
11limit the authority of a public school entity to do any of the
12following:

13(1) Maintain order and discipline on its school campus
14in a manner that does not discriminate against a student's
15religious viewpoint or the religious content of a student's
16expression.

17(2) Protect the safety of a student, employee or visitor
18of a school.

19(3) Adopt and enforce policies and procedures regarding
20student speech at school if the policies and procedures do
21not violate the rights of students under the Constitution of
22the United States and the laws of this Commonwealth.

23Section 9. Effective date.

24This act shall take effect July 1, 2013, or immediately,
25whichever is later.