PRINTER'S NO. 1129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1097
Session of
2021
INTRODUCED BY KAUFFMAN, STAMBAUGH, METCALFE, RYAN, HAMM,
ZIMMERMAN, STAATS, B. MILLER, WHEELAND, COX, ROWE, JOZWIAK
AND GILLEN, APRIL 5, 2021
REFERRED TO COMMITTEE ON EDUCATION, APRIL 5, 2021
AN ACT
Providing for voluntary student expression of religious
viewpoints in public schools; requiring public school
districts to allow religious expression in class assignments,
to provide students with the freedom to organize religious
groups and activities and to provide a limited public forum
for student speakers at nongraduation and graduation events;
and providing for a model policy for voluntary religious
expression in public schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Student
Religious Liberties Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Education of the
Commonwealth.
"Public school entity." Any of the following:
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(1) A school district, as defined in section 102 of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
(2) A charter school, cyber charter school or regional
charter school, as defined in section 1703-A of the Public
School Code of 1949.
(3) An intermediate unit, as established pursuant to
Article IX-A of the Public School Code of 1949.
(4) An area vocational-technical school, as established
pursuant to Article XVIII of the Public School Code of 1949.
Section 3. Student expression.
(a) Prohibition.--A public school entity may not
discriminate against a student or parent on the basis of a
religious viewpoint or religious expression.
(b) Treatment.--A public school entity shall treat a
student's voluntary expression of a religious viewpoint on an
otherwise permissible subject in the same manner that the public
school entity 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.
Section 4. Religious expression in a class assignment.
(a) Expression permitted.--A student may express the
student's beliefs about religion in homework, artwork and other
written and oral assignments free from discrimination based on
the religious content of the submission. Homework and
assignments must be judged by ordinary academic standards of
substance and relevance and against other legitimate pedagogical
concerns identified by the public school entity.
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(b) Penalty or reward prohibited.--
(1) A public school entity may not penalize or reward a
student based on the religious content of the student's work.
(2) If an assignment requires a student's viewpoint to
be expressed in coursework, artwork or written or oral
assignments, a public school entity may not penalize or
reward a student on the basis of religious content or a
religious viewpoint. In evaluating an assignment under this
paragraph, a public school entity shall evaluate a student's
academic work that expresses a religious viewpoint based on
ordinary academic standards of substance and relevance to the
course curriculum or requirements of the coursework or
assignment.
Section 5. Freedom to organize a religious group and activity.
(a) Time.--A student enrolled in a public school entity may
pray or engage in a religious activity or religious expression
before, during and after the school day in the same manner and
to the same extent as a student may engage in secular activities
or expression.
(b) Organization.--A student enrolled in a public school
entity may organize a prayer group, religious club or other
religious gathering before, during and after the school day to
the same extent as a student is permitted to organize a secular,
noncurricular student group or activity.
(c) Access.--A public school entity shall provide a
religious group the same access to a school facility for
assembling as the public school entity provides to secular,
noncurricular groups without discrimination based on the
religious content of the students' expression or religious
viewpoint of the group.
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(d) Advertisement.--If a public school entity permits a
student group that meets for secular activities to use school
premises, property or services to advertise or announce group
meetings, the public school entity shall permit a student group
that meets for prayer or other religious speech the same access
to school premises, property or services to advertise or
announce group meetings.
(e) Disclaimer.--A public school entity 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.
(f) Clothing.--A student enrolled in a public school entity
may wear clothing, accessories and jewelry that display a
religious message or religious symbol in the same manner and to
the same extent that a student may wear clothing, accessories
and jewelry that display a secular message or symbol.
Section 6. Limited public forum.
(a) General rule.--A public school entity shall establish a
limited public forum for student speakers at any school event at
which a student will publicly speak and shall:
(1) Not discriminate against a student's voluntary
expression of a religious viewpoint on an otherwise
permissible subject.
(2) Develop and utilize a method, based on neutral
criteria, for the selection of one or more student speakers
at school events, including, but not limited to, a graduation
ceremony.
(3) Ensure that a student speaker does not engage in
obscene, vulgar, offensively lewd or indecent speech.
(4) State in writing, orally or both that the student's
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speech does not reflect the endorsement, sponsorship,
position or expression of the public school entity. The
disclaimer required under this paragraph shall be provided at
graduation ceremonies and at any other event in which a
student speaks publicly.
(b) Exclusion prohibited.--A public school entity may not
exclude student expression on an otherwise permissible subject
from the limited public forum because the student expresses a
religious viewpoint.
Section 7. Policy.
(a) Model policy.--Not later than October 1, 2021, the
department shall develop a model policy for public school
entities that is consistent with this act. The department shall
post the model policy on its publicly accessible Internet
website.
(b) Public school entity policy.--
(1) Not later than January 1, 2022, each public school
entity shall:
(i) adopt the model policy developed by the
department pursuant to subsection (a);
(ii) develop and adopt its own policy related to
student religious liberties that is consistent with this
act; or
(iii) amend an existing policy related to student
religious liberties in a manner consistent with this act.
(2) The public school entity shall post the policy
required under paragraph (1) on its publicly accessible
Internet website, if available, in every classroom and at a
prominent location within each school building where such
policies are usually posted.
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Section 8. Limitations.
(a) Participation not required.--This act shall not be
construed to authorize this Commonwealth or any public school
entity to do any of the following:
(1) Require an individual to participate in prayer or in
any other religious activity.
(2) Violate the constitutional rights of an individual.
(b) Authority preserved.--This act may not be construed to
limit the authority of a public school entity to do any of the
following:
(1) Maintain order and discipline on its school campus
in a manner that does not discriminate against a student's
religious viewpoint or the religious content of a student's
expression.
(2) Protect the safety of a student, employee or visitor
of a school.
(3) Adopt and enforce policies and procedures regarding
student speech at school if the policies and procedures do
not violate the rights of students under the Constitution of
the United States and the laws of this Commonwealth.
Section 9. Effective date.
This act shall take effect July 1, 2021, or immediately,
whichever is later.
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