09 LC
29 3556ER
House
Bill 33
By:
Representatives Rice of the
51st,
Scott of the
153rd,
and Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to enact the "Religious Viewpoints
Antidiscrimination Act"; to provide that local school systems shall not
discriminate against a student based on a religious viewpoint expressed; to
require local school systems to establish a limited public forum for student
speakers; to provide that students may express religious beliefs in class
assignments; to allow for religious groups and activities in the same manner as
other noncurricular groups and activities; to require each local school system
to adopt a policy on limited public forums and voluntary student expression of
religious viewpoints; to provide for a model policy; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding a new article to read as
follows:
"ARTICLE
21A
20-2-1060.
This
article shall be known and may be cited as the 'Religious Viewpoints
Antidiscrimination Act.'
20-2-1061.
Every
local school system in this state shall treat a student's voluntary expression
of a religious viewpoint, if any, on an otherwise permissible subject in the
same manner that the school system treats a student's voluntary expression of a
secular or other viewpoint on an otherwise permissible subject and shall not
discriminate against a student based on a religious viewpoint expressed by such
student on an otherwise permissible subject.
20-2-1062.
(a)
To ensure that no local school system in this state discriminates 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 school system of a student's expression of a religious
viewpoint, if any, each local school system shall provide for the establishment
of a limited public forum for student speakers at all school events at which a
student is to speak publicly. The policy adopted by each local school system
pursuant to Code Section 20-2-1065 with respect to a limited public forum shall
also require the school system to:
(1)
Provide the forum in a manner that does not discriminate against a student's
voluntary expression of a religious viewpoint, if any, on an otherwise
permissible subject;
(2)
Provide a method, based on neutral criteria, for the selection of student
speakers at school events and graduation ceremonies;
(3)
Ensure that a student speaker does not engage in obscene, vulgar, lewd, or
indecent speech; and
(4)
State, in writing or orally, or both, that the student's speech does not reflect
the endorsement, sponsorship, position, or expression of the school
system.
(b)
The local school system disclaimer required by paragraph (4) of subsection (a)
of this Code section shall be provided at all graduation ceremonies. The local
school system shall also continue to provide the disclaimer at any other event
in which a student speaks publicly for as long as a need exists to dispel
confusion over the school system's nonsponsorship of the student's
speech.
(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.
20-2-1063.
Students
in local school systems in this state 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 system. Students shall not be penalized or rewarded
based on the religious content of their work.
20-2-1064.
Students
in local school systems in this state may organize prayer groups, religious
clubs, 'see you at the pole' gatherings, 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. 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 local school system shall not discriminate against groups that meet
for prayer or other religious speech. A local school system 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.
20-2-1065.
Beginning
with the 2009-2010 school year, each local school system in this state shall
adopt and implement a local policy regarding a limited public forum and
voluntary student expression of religious viewpoints in accordance with the
provisions of this article. If a local school system voluntarily adopts and
follows the model policy as contained in Code Section 20-2-1066, the school
system shall be in compliance with the provisions of this article.
20-2-1066.
In
this article, 'model policy' means a local policy adopted by a local school
system that is substantially identical to the following:
'ARTICLE
I
STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
The
local school system shall treat a student's voluntary expression of a religious
viewpoint, if any, on an otherwise permissible subject in the same manner the
school system treats a student's voluntary expression of a secular or other
viewpoint on an otherwise permissible subject and shall not discriminate against
the student based on a religious viewpoint expressed by the student on an
otherwise permissible subject.
ARTICLE
II
STUDENT SPEAKERS AT NONGRADUATION EVENTS
STUDENT SPEAKERS AT NONGRADUATION EVENTS
The
local school system hereby creates a limited public forum for student speakers
at all school events at which a student is to
speak
publicly. For
each speaker, the school system shall set a maximum time limit reasonable and
appropriate to the occasion. Student speakers shall introduce:
(1)
Any athletic event designated by the school system;
(2)
Opening announcements and greetings for the school day; and
(3)
Any additional events designated by the school system, which may include,
without limitation, assemblies and pep rallies.
The
forum shall be limited in the manner provided by this article.
Only
those students in the highest two grade levels of the school and who hold one of
the following positions of honor based on neutral criteria shall be eligible to
use the limited public forum: student council officers, class officers of the
highest grade level in the school, captains of various sports teams, and other
students holding positions of honor as the school system may
designate.
An
eligible student shall be notified of the student's eligibility, and a student
who wishes to participate as an introducing speaker shall submit the student's
name to the student council or other designated body during an announced period
of not less than three days. The announced period may be at the beginning of
the school year, at the end of the preceding school year so student speakers are
in place for the new year, or, if the selection process will be repeated each
semester, at the beginning of each semester or at the end of the preceding
semester so speakers are in place for the next semester. The names of the
volunteering student speakers shall be randomly drawn until all names have been
selected, and the names shall be listed in the order drawn. Each selected
student shall be matched chronologically to the event for which the student will
be giving the introduction. Each student may speak for one week at a time for
all introductions of events that week, or rotate after each speaking event, or
otherwise as determined by the school system. The list of student speakers
shall be chronologically repeated as needed, in the same order. The school
system may repeat the selection process each semester rather than once a
year.
The
subject of the student introductions shall be related to the purpose of the
event and to the purpose of marking the opening of the event, honoring the
occasion, the participants, and those in attendance, bringing the audience to
order, and focusing the audience on the purpose of the event. The subject shall
be designated, a student shall stay on the subject, and the student shall not
engage in obscene, vulgar, lewd, or indecent speech. The local school system
shall treat a student's voluntary expression of a religious viewpoint, if any,
on an otherwise permissible subject in the same manner the school system treats
a student's voluntary expression of a secular or other viewpoint on an otherwise
permissible subject and shall not discriminate against the student based on a
religious viewpoint expressed by the student on an otherwise permissible
subject.
For
as long as there is a need to dispel confusion over the nonsponsorship of the
student's speech, at each event in which a student will deliver an introduction,
a disclaimer shall be stated in written or oral form, or both, such as, "The
student giving the introduction for this event is a volunteering student
selected on neutral criteria to introduce the event. The content of the
introduction is the private expression of the student and does not reflect the
endorsement, sponsorship, position, or expression of the school
system."
Certain
students who have attained special positions of honor in the school have
traditionally addressed school audiences from time to time as a tangential
component of their achieved positions of honor, such as the captains of various
sports teams, student council officers, class officers, homecoming kings and
queens, prom kings and queens, and the like, and have attained their positions
based on neutral criteria. Nothing in this policy eliminates the continuation
of the practice of having these students, regardless of grade level, address
school audiences in the normal course of their respective positions. The local
school system shall create a limited public forum for the speakers and shall
treat a student's voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject in the same manner the school system treats a
student's voluntary expression of a secular or other viewpoint on an otherwise
permissible subject and shall not discriminate against the student based on a
religious viewpoint expressed by the student on an otherwise permissible
subject.
ARTICLE
III
STUDENT SPEAKERS AT GRADUATION CEREMONIES
STUDENT SPEAKERS AT GRADUATION CEREMONIES
The
local school system hereby creates a limited public forum consisting of an
opportunity for a student to speak to begin graduation ceremonies and another
student to speak to end graduation ceremonies. For each speaker, the school
system shall set a maximum time limit reasonable and appropriate to the
occasion.
The
forum shall be limited in the manner provided by this article.
Only
students who are graduating and who hold one of the following positions of honor
based on neutral criteria shall be eligible to use the limited public forum:
student council officers, class officers of the graduating class, the top three
academically ranked graduates, or a shorter or longer list of student leaders as
the school system may designate. A student who will otherwise have a speaking
role in the graduation ceremonies shall be ineligible to give the opening and
closing remarks. The names of the eligible volunteering students shall be
randomly drawn. The first name drawn shall give the opening and the second name
drawn shall give the closing.
The
topic of the opening and closing remarks shall be related to the purpose of the
graduation ceremony and to the purpose of marking the opening and closing of the
event, honoring the occasion, the participants, and those in attendance,
bringing the audience to order, and focusing the audience on the purpose of the
event.
In
addition to the students giving the opening and closing remarks, certain other
students who have attained special positions of honor based on neutral criteria,
including, without limitation, the valedictorian, shall have speaking roles at
graduation ceremonies. For each speaker, the local school system shall set a
maximum time limit reasonable and appropriate to the occasion and to the
position held by the speaker. For this purpose, the school system creates a
limited public forum for these students to deliver the addresses.
The
subject of the addresses shall be related to the purpose of the graduation
ceremony, marking and honoring the occasion, honoring the participants and those
in attendance, and the student's perspective on purpose, achievement, life,
school, graduation, and looking forward to the future. The subject shall be
designated for each student speaker, the student shall stay on the subject, and
the student shall not engage in obscene, vulgar, lewd, or indecent speech. The
school system shall treat a student's voluntary expression of a religious
viewpoint, if any, on an otherwise permissible subject in the same manner the
school system treats a student's voluntary expression of a secular or other
viewpoint on an otherwise permissible subject and shall not discriminate against
the student based on a religious viewpoint expressed by the student on an
otherwise permissible subject.
A
written disclaimer shall be printed in the graduation program and shall state,
"The students who will be speaking at the graduation ceremony were selected
based on neutral criteria to deliver messages of the students' own choices. The
content of each student speaker's message is the private expression of the
individual student and does not reflect any position or expression of the local
school system, the local board of education, the administration of the school
system, the employees of the school system, or the views of any other graduate.
The contents of these messages were prepared by the student volunteers, and the
school system refrained from any interaction with student speakers regarding the
student speakers' viewpoints on permissible subjects."
ARTICLE
IV
RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS
RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS
A
student may express his or her beliefs about religion in homework, artwork, and
other written and oral assignments free from discrimination based on the
religious content of the student's submission. Homework and classroom work
shall be judged by ordinary academic standards of substance and relevance and
against other legitimate pedagogical concerns identified by the school.
Students shall not be penalized or rewarded based on religious content. If a
teacher's assignment involves writing a poem, the work of a student who submits
a poem in the form of a prayer (for example, a psalm) should be judged on the
basis of academic standards, including literary quality, and not penalized or
rewarded based on its religious content.
ARTICLE
V
FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES
FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES
Students
may organize prayer groups, religious clubs, "see you at the pole" gatherings,
and other religious gatherings before, during, and after school to the same
extent that students are permitted to organize other noncurricular student
activities and groups. 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 group's expression.
If student groups that meet for nonreligious activities are permitted to
advertise or announce the groups' meetings, for example, by advertising in a
student newspaper, putting up posters, making announcements on a student
activities bulletin board or public address system, or handing out leaflets,
school authorities shall not discriminate against groups that meet for prayer or
other religious speech. School authorities may disclaim sponsorship of
noncurricular groups and events, provided that they administer the disclaimer in
a manner that does not favor or disfavor groups that meet to engage in prayer or
other religious
speech.'"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.