Bill Text: MI HB4147 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Education; school districts; certain protections regarding student rights to religious expression in public schools; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1299a.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2015-02-10 - Printed Bill Filed 02/06/2015 [HB4147 Detail]
Download: Michigan-2015-HB4147-Introduced.html
HOUSE BILL No. 4147
February 5, 2015, Introduced by Reps. Hooker, Chatfield, Johnson, Franz, Somerville, Lucido, Sheppard and Goike and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1299a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1299a. (1) The governing board of a public school shall
ensure that the public school does not discriminate against a pupil
or a pupil's parent or legal guardian on the basis of a religious
viewpoint or religious expression. A public school shall treat a
pupil's voluntary expression of a religious viewpoint, if any, on
an otherwise permissible subject in the same manner the public
school treats a pupil's voluntary expression of a secular or other
viewpoint on an otherwise permissible subject and shall not
discriminate against the pupil based on a religious viewpoint
expressed by the pupil on an otherwise permissible subject.
(2) The governing board of a public school shall ensure all of
the following:
(a) That a pupil may express his or her belief about religion
in homework, artwork, and other written and oral assignments free
from discrimination based on the religious content of the pupil's
submission.
(b) That homework and classroom assignments are judged only by
ordinary academic standards of substance and relevance and against
other legitimate pedagogical concerns identified by the public
school.
(c) That a pupil is not penalized or rewarded due to the
religious content of his or her work.
(d) That, if an assignment requires a pupil's viewpoint to be
expressed in coursework, artwork, or other written or oral
expression, a pupil is not penalized or rewarded on the basis of
religious content or a religious viewpoint. In such an assignment,
a pupil's academic work that expresses a religious viewpoint shall
be evaluated based only on ordinary academic standards of substance
and relevance to the course curriculum or requirements of the
coursework or assignment.
(3) The governing board of a public school shall ensure all of
the following:
(a) That a pupil or group of pupils in a public school may
pray or engage in religious activities or religious expression
before, during, and after the school day in the same manner and to
the same extent that pupils may engage in nonreligious activities
or expression.
(b) That pupils 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 pupils are
permitted to organize other noncurricular pupil activities and
groups.
(c) That religious groups are 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
pupils' expression, as provided under section 1299. With regard to
group meetings, if student groups that meet for nonreligious
activities are permitted to advertise or announce meetings of the
group, the public school shall not discriminate against student
groups that meet for prayer or other religious speech. A public
school 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.
(d) That pupils may wear clothing, accessories, and jewelry
that display religious messages or religious symbols in the same
manner and to the same extent that other types of clothing,
accessories, and jewelry that display messages or symbols are
permitted.
(4) To ensure that the public school does not discriminate
against a pupil'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
public school of a pupil's expression of a religious viewpoint, if
any, the governing board of a public school shall adopt a policy
that provides for the establishment of a limited public forum for
pupil speakers at all school events at which a pupil is to publicly
speak. The policy regarding the limited public forum shall also
require the public school to do all of the following:
(a) Provide the forum in a manner that does not discriminate
against a pupil's voluntary expression of a religious viewpoint, if
any, on an otherwise permissible subject.
(b) Provide a method, based on neutral criteria, for the
selection of pupil speakers at school events and graduation
ceremonies.
(c) Ensure that a pupil speaker does not engage in obscene,
vulgar, offensively lewd, or indecent speech.
(d) State, in writing, orally, or both, that the pupil's
speech does not reflect the endorsement, sponsorship, position, or
expression of the public school. The policy shall provide that this
disclaimer must be provided at all graduation ceremonies and, if a
need exists to dispel confusion over the public school's
nonsponsorship of the pupil's speech, at any other event in which a
pupil speaks publicly.
(e) Ensure that pupil expression on an otherwise permissible
subject may not be excluded from the limited public forum because
the subject is expressed from a religious viewpoint.
(5) The board of a school district or intermediate school
district or board of directors of a public school academy shall
adopt and implement a local policy regarding a limited public forum
and voluntary pupil expression of religious viewpoints.
(6) If a school district, intermediate school district, or
public school academy voluntarily adopts and follows the model
policy governing voluntary religious expression in public schools
contained in this subsection, the school district, intermediate
school district, or public school academy is considered to be in
compliance with the provisions of this section that are covered by
the model policy. The term "school district" in the model policy
may be revised to reflect usage by an intermediate school district
or public school academy. The following is the model policy
regarding a limited public forum and voluntary pupil expression of
religious viewpoints:
"ARTICLE I
STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
The school district shall treat a student's voluntary
expression of a religious viewpoint, if any, on an otherwise
permissible subject in the same manner the school district treats a
student's voluntary expression of a secular or other viewpoint on
an otherwise permissible subject and may not discriminate against
the pupil based on a religious viewpoint expressed by the student
on an otherwise permissible subject.
ARTICLE II
STUDENT SPEAKERS AT NONGRADUATION EVENTS
The school district hereby creates a limited public forum for
student speakers at all school events at which a student is to
publicly speak. For each speaker, the school district shall set a
maximum time limit reasonable and appropriate to the occasion.
Student speakers shall introduce:
(a) Football games;
(b) Any other athletic events designated by the school
district;
(c) Opening announcements and greetings for the school day;
and
(d) Any additional events designated by the school district,
which may include, without limitation, assemblies and pep rallies.
The forum shall be limited in the manner provided by this
article.
Only those students who are in the highest 2 grade levels of
the school and who hold 1 of the following positions of honor based
on neutral criteria are eligible to use the limited public forum:
student council officers, class officers of the highest grade level
in the school, captains of the football team, and other students
holding positions of honor as the school district 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 3 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 will be matched chronologically to the event for
which the student will be giving the introduction. Each student
may speak for 1 week at a time for all introductions of events that
week, or rotate after each speaking event, or otherwise as
determined by the school district. The list of student speakers
shall be chronologically repeated as needed, in the same order. The
school district may repeat the selection process each semester
rather than once a year.
The subject of the student introductions must 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 must be
designated, a student must stay on the subject, and the student may
not engage in obscene, vulgar, offensively lewd, or indecent
speech.
The school district shall treat a student's voluntary
expression of a religious viewpoint, if any, on an otherwise
permissible subject in the same manner the school district 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.
If 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
district."
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, irrespective
of grade level, address school audiences in the normal course of
their respective positions. The school district 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 district
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.
ARTICLE III
STUDENT SPEAKERS AT GRADUATION CEREMONIES
The school district 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 district 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 1 of the
following neutral criteria positions of honor shall be eligible to
use the limited public forum: student council officers, class
officers of the graduating class, the top 3 academically ranked
graduates, or a shorter or longer list of student leaders as the
school district may designate. A student who will otherwise have a
speaking role in the graduation ceremonies is ineligible to give
the opening and closing remarks. The names of the eligible
volunteering students will be randomly drawn. The first name drawn
will give the opening and the second name drawn will give the
closing.
The topic of the opening and closing remarks must 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, will have speaking roles at graduation
ceremonies. For each speaker, the school district 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
district creates a limited public forum for these students to
deliver the addresses. The subject of the addresses must 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 must be designated for each student speaker, the
student must stay on the subject, and the student may not engage in
obscene, vulgar, offensively lewd, or indecent speech. The school
district shall treat a student's voluntary expression of a
religious viewpoint, if any, on an otherwise permissible subject in
the same manner the school district 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.
A written disclaimer shall be printed in the graduation
program that states: "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 school district or the school board, or the school
district's administration, or employees of the school district, or
the views of any other graduate. The contents of these messages
were prepared by the student volunteers, and the school district
refrained from any interaction with student speakers regarding the
student speakers' viewpoints on permissible subjects."
ARTICLE IV
RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS
Students may express the students' beliefs about religion in
homework, artwork, and other written and oral assignments free from
discrimination based on the religious content of the students'
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
may not be penalized or rewarded on account of 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 on
account of its religious content.
ARTICLE V
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 must 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 may not discriminate against groups
that meet for prayer or other religious speech. School authorities
may disclaim sponsorship of noncurricular groups and events,
provided they administer the disclaimer in a manner that does not
favor or disfavor groups that meet to engage in prayer or other
religious speech.".
(7) This section does not authorize this state or any of its
political subdivisions to do either of the following:
(a) Require any person to participate in prayer or in any
other religious activity.
(b) Violate the constitutional rights of any person.
(8) This section does not limit the authority of any public
school to do any of the following:
(a) Maintain order and discipline on the campus of the public
school in a content and viewpoint neutral manner.
(b) Protect the safety of pupils, employees, and visitors of
the public school.
(c) Adopt and enforce policies and procedures regarding pupil
speech at school if those policies and procedures do not violate
the rights of pupils as guaranteed by state and federal
constitution and law.
(9) This section applies beginning with the 2015-2016 school
year.
(10) As used in this section, "public school" includes a
public school's employees and persons or entities under contract
with the governing body of the public school.
