Arkansas 2025 Regular Session

Arkansas Senate Bill SB223 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 400 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: S2/18/25 1
	2	+	TNL141 02/12/2025 4:53:39 PM TNL141
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 223 3
8	6		4
9	7		By: Senator M. Johnson 5
10	8		By: Representative A. Brown 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO CREATE THE RELIGIOUS RIGHTS AT PUBLIC 9
14	12		SCHOOLS ACT OF 2025; AND FOR OTHER PURPOSES. 10
15	13		11
16	14		12
17	15		Subtitle 13
18	16		TO CREATE THE RELIGIOUS RIGHTS AT PUBLIC 14
19	17		SCHOOLS ACT OF 2025. 15
20	18		16
21	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
22	20		18
23	21		SECTION 1. DO NOT CODIFY. Legislative findings and intent. 19
24	22		(a) The General Assembly finds that: 20
25	23		(1) Religious freedom is a cornerstone of our democracy and is 21
26	24		essential to the dignity and freedom of every individual; 22
27	25		(2) Arkansas Constitution Article 14, § 1, provides that 23
28	26		"Intelligence and virtue being the safeguards of liberty and the bulwark of a 24
29	27		free and good government, the State shall ever maintain a general, suitable 25
30	28		and efficient system of free public schools and shall adopt all suitable 26
31	29		means to secure to the people the advantages and opportunities of 27
32	30		education."; 28
33	31		(3) An important advantage and essential opportunity of a system 29
34	32		of free public schools is for students to develop a virtuous lifestyle guided 30
35	33		by deeply held, meaningful values; 31
36	34		(4) Religious worldviews hold an important place in overall 32
37	35		human thought and philosophy; 33
38	36		(5) Religious freedom provides an environment and opportunity 34
39	37		for students to be exposed to worldviews that form the basis for civilization 35
40		-	and thought; 36 ~~As Engrossed: S2/18/25~~ SB223
	38	+	and thought; 36 SB223
41	39
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43		-
44		-
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45	41		(6) Religious freedom at public schools is a right that is 1
46	42		protected by state and federal law; and 2
47	43		(7) The United States Supreme Court has held in "Tinker v. Des 3
48	44		Moines", that neither students nor teachers “shed their constitutional rights 4
49	45		to freedom of speech or expression at the schoolhouse gate". 5
50	46		(b) It is the intent of the General Assembly to: 6
51	47		(1) Inform Arkansas residents regarding religious protections 7
52	48		and liberties; 8
53	49		(2) Ensure that this act serves only as a guide to clarify 9
54	50		religious rights at public schools, rather than as an exhaustive list of 10
55	51		religious rights at public schools; and 11
56	52		(3) Affirm that students and public school employees retain many 12
57	53		unlisted rights by virtue of their God -given freedoms, which extend beyond 13
58	54		those rights explicitly enumerated in this act. 14
59	55		15
60	56		SECTION 2. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended 16
61	57		to add an additional section to read as follows: 17
62	58		6-10-140. Religious Rights at Public Schools Act of 2025. 18
63	59		(a) This section shall be known and may be cited as the "Religious 19
64	60		Rights at Public Schools Act of 2025". 20
65	61		(b) At the beginning of each school year, each public school district 21
66	62		and open-enrollment public charter school shall provide each enrolled student 22
67	63		and individual employed by the public school district or open -enrollment 23
68		-	public charter school with a copy of this act ~~by electronic means or by~~ 24
69		-	~~placement in a handbook,~~ ~~policy manual,~~ ~~or other resource designed~~ to ~~inform~~ 25
70		-	~~students, employees,~~ ~~or parents about policies,~~ ~~procedures, or rights.~~ 26
71		-	~~(c) Under the First Amendment to the~~ United States Constitution ~~and~~ 27
72		-	~~United States Supreme Court case law interpreting the First Amendment to the~~ 28
73		-	~~United States Constitution~~, ~~a student enrolled in a public school district or~~ 29
74		-	~~an open-enrollment~~ ~~public charter school shall retain broad religious~~ 30
75		-	~~freedom, which includes without limitation~~ the ~~right~~ to: 31
76		-	~~(1) Pray silently or aloud, individually or in groups, at any~~ 32
77		-	~~time when~~ the student ~~is permitted to speak freely and engage in discussions~~ 33
78		-	of the ~~student's own choosing;~~ 34
79		-	~~(2) Pray by assembling~~ on the property of the ~~student's public~~ 35
80		-	school district or open -enrollment public charter school ~~in the same manner~~ 36 ~~As Engrossed: S2/18/25~~ SB223
	64	+	public charter school with a copy of this act. 24
	65	+	(c) Under the First Amendment to the United States Constitution and 25
	66	+	United States Supreme Court case law interpreting the First Amendment to the 26
	67	+	United States Constitution, a student enrolled in a public school district or 27
	68	+	an open-enrollment public charter school shall retain broad religious 28
	69	+	freedom, which includes without limitation the right to: 29
	70	+	(1) Pray silently or aloud, individually or in groups, at any 30
	71	+	time when the student is permitted to speak freely and engage in discussions 31
	72	+	of the student's own choosing; 32
	73	+	(2) Pray by assembling on the property of the student's public 33
	74	+	school district or open -enrollment public charter school in the same manner 34
	75	+	that students are allowed to speak and assemble on the property of the 35
	76	+	student's public school district or open -enrollment public charter school for 36 SB223
81	77
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	79	+	other activities; 1
	80	+	(3) Promote religious activities on the property of the 2
	81	+	student's public school district or open -enrollment public charter school in 3
	82	+	the same manner that other activities are promoted; 4
	83	+	(4) Display, print, recite, or discuss religious figures, 5
	84	+	religious texts, and religious beliefs in the student's public school 6
	85	+	district or open-enrollment public charter school assignments in which there 7
	86	+	is student discretion in choosing topics or people of interest; 8
	87	+	(5) Give a Bible or other religious text to any other person at 9
	88	+	the student's public school district or open -enrollment public charter school 10
	89	+	in the same manner that the student is allowed to give away other books or 11
	90	+	texts; 12
	91	+	(6) Individually or in groups conduct religious observances such 13
	92	+	as speaking, singing, reading, or praying at times when students are free to 14
	93	+	voluntarily converse and interact; 15
	94	+	(7) Form and participate in religious clubs, groups, or 16
	95	+	associations in the same manner that students form and participate in other 17
	96	+	clubs, groups, or associations; 18
	97	+	(8) Invite and host members of the clergy or other religious 19
	98	+	leaders to the student's public school district or open -enrollment public 20
	99	+	charter school in the same manner that other persons who are not enrolled in 21
	100	+	the public school district or open -enrollment public charter school are 22
	101	+	allowed to be present; 23
	102	+	(9) Express a religious viewpoint in the same manner as other 24
	103	+	viewpoints may be expressed in the student's public school district or open -25
	104	+	enrollment public charter school academic assignments, activities, speech, or 26
	105	+	other expressions; 27
	106	+	(10) Pray silently during any moment of silence observed during 28
	107	+	the school day or at the student's public school district or open -enrollment 29
	108	+	public charter school activities; 30
	109	+	(11) Display and discuss the motto of the United States at the 31
	110	+	student's public school district or open -enrollment public charter school; 32
	111	+	(12) Read, discuss, and post documents of historical 33
	112	+	significance that are of a religious nature or contain religious quotes or 34
	113	+	references; 35
	114	+	(13) Have a Bible or other religious text at the student's 36 SB223
83	115
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	117	+	public school district or open -enrollment public charter school in the same 1
	118	+	manner that the student is allowed to have other books or texts at the 2
	119	+	student's public school district or open -enrollment public charter school; 3
	120	+	and 4
	121	+	(14) Read a Bible or other religious text at the student's 5
	122	+	public school district or open -enrollment public charter school in the same 6
	123	+	manner that the student is allowed to read other books or texts at the 7
	124	+	student's public school district or open -enrollment public charter school. 8
	125	+	(d) Under the First Amendment to the United States Constitution and 9
	126	+	United States Supreme Court case law interpreting the First Amendment to the 10
	127	+	United States Constitution, an individual employed by a public school 11
	128	+	district or an open-enrollment public charter school shall retain broad 12
	129	+	religious freedom, which includes without limitation the right to: 13
	130	+	(1) Pray silently during any moment of silence observed during 14
	131	+	the school day or at the individual's public school district or open -15
	132	+	enrollment public charter school activities; 16
	133	+	(2) Display and discuss the motto of the United States at the 17
	134	+	individual's public school district or open -enrollment public charter school; 18
	135	+	(3) Read, discuss, and post documents of historical significance 19
	136	+	that are of a religious nature or contain religious quotes or references; 20
	137	+	(4) Have a Bible or other religious text at the individual's 21
	138	+	public school district or open -enrollment public charter school in the same 22
	139	+	manner that the individual is allowed to have other books or texts at the 23
	140	+	individual's public school district or open -enrollment public charter school; 24
	141	+	and 25
	142	+	(5) Read a Bible or other religious text at the individual's 26
	143	+	public school district or open -enrollment public charter school in the same 27
	144	+	manner that the individual is allowed to read other books or texts at the 28
	145	+	individual's public school district or open -enrollment public charter school. 29
	146	+	(e) A public school district and an open -enrollment public charter 30
	147	+	school may: 31
	148	+	(1) Have Bibles and other religious texts in public school 32
	149	+	libraries, classrooms, and other places where books or texts are available to 33
	150	+	public school district or open -enrollment public charter school students or 34
	151	+	individuals employed by the public school district or open -enrollment public 35
	152	+	charter school; and 36 SB223
84	153
85		-	that students are allowed to speak and assemble on the property of the 1
86		-	student's public school district or open -enrollment public charter school for 2
87		-	other activities; 3
88		-	(3) Promote legal religious activities on the property of the 4
89		-	student's public school district or open -enrollment public charter school in 5
90		-	the same manner that other activities are promoted; 6
91		-	(4) Display, print, recite, or discuss religious figures, 7
92		-	religious texts, and religious beliefs in the student's public school 8
93		-	district or open-enrollment public charter school assignments in which there 9
94		-	is student discretion in choosing topics or people of interest; 10
95		-	(5) Give a Bible or other religious text to any other person at 11
96		-	the student's public school district or open -enrollment public charter school 12
97		-	in the same manner that the student is allowed to give away other books or 13
98		-	texts; 14
99		-	(6) Individually or in groups conduct religious observances such 15
100		-	as speaking, singing, reading, or praying at times when students are free to 16
101		-	voluntarily converse and interact; 17
102		-	(7) Form and participate in religious clubs, groups, or 18
103		-	associations in the same manner that students form and participate in other 19
104		-	clubs, groups, or associations; 20
105		-	(8) Invite and host members of the clergy or other religious 21
106		-	leaders to the student's public school district or open -enrollment public 22
107		-	charter school in the same manner that other persons who are not enrolled in 23
108		-	the public school district or open -enrollment public charter school are 24
109		-	allowed to be present; 25
110		-	(9) Express a religious viewpoint in the same manner as other 26
111		-	viewpoints may be expressed in the student's public school district or open -27
112		-	enrollment public charter school academic assignments, activities, speech, or 28
113		-	other expressions; 29
114		-	(10) Pray silently during any moment of silence observed during 30
115		-	the school day or at the student's public school district or open -enrollment 31
116		-	public charter school activities; 32
117		-	(11) Display and discuss the motto of the United States at the 33
118		-	student's public school district or open -enrollment public charter school; 34
119		-	(12) Read, discuss, and post documents of historical 35
120		-	significance that are of a religious nature or contain religious quotes or 36 As Engrossed: S2/18/25 SB223
121		-
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123		-
124		-
125		-	references; 1
126		-	(13) Have a Bible or other religious text at the student's 2
127		-	public school district or open -enrollment public charter school in the same 3
128		-	manner that the student is allowed to have other books or texts at the 4
129		-	student's public school district or open -enrollment public charter school; 5
130		-	and 6
131		-	(14) Read a Bible or other religious text at the student's 7
132		-	public school district or open -enrollment public charter school in the same 8
133		-	manner that the student is allowed to read other books or texts at the 9
134		-	student's public school district or open -enrollment public charter school. 10
135		-	(d) Under the First Amendment to the United States Constitution and 11
136		-	United States Supreme Court case law interpreting the First Amendment to the 12
137		-	United States Constitution, an individual employed by a public school 13
138		-	district or an open-enrollment public charter school shall retain broad 14
139		-	religious freedom, which includes without limitation the right to: 15
140		-	(1) Pray silently during any moment of silence observed during 16
141		-	the school day or at the individual's public school district or open -17
142		-	enrollment public charter school activities; 18
143		-	(2) Display and discuss the motto of the United States at the 19
144		-	individual's public school district or open -enrollment public charter school; 20
145		-	(3) Read, discuss, and post documents of historical significance 21
146		-	that are of a religious nature or contain religious quotes or references; 22
147		-	(4) Have a Bible or other religious text at the individual's 23
148		-	public school district or open -enrollment public charter school in the same 24
149		-	manner that the individual is allowed to have other books or texts at the 25
150		-	individual's public school district or open -enrollment public charter school; 26
151		-	and 27
152		-	(5) Read a Bible or other religious text at the individual's 28
153		-	public school district or open -enrollment public charter school in the same 29
154		-	manner that the individual is allowed to read other books or texts at the 30
155		-	individual's public school district or open -enrollment public charter school. 31
156		-	(e) A public school district and an open -enrollment public charter 32
157		-	school may: 33
158		-	(1) Have Bibles and other religious texts in public school 34
159		-	libraries, classrooms, and other places where books or texts are available to 35
160		-	public school district or open -enrollment public charter school students or 36 As Engrossed: S2/18/25 SB223
161		-
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163		-
164		-
165		-	individuals employed by the public school district or open -enrollment public 1
166		-	charter school; and 2
167		-	(2) Offer an academic study of the Bible course as provided by § 3
168		-	6-16-145. 4
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	155	+	(2) Offer an academic study of the Bible course as provided by § 1
	156	+	6-16-145. 2
	157	+	3
	158	+	4
169	159		5
170		-	~~/s/M. Johnson~~ 6
	160	+	6
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172	162		8
173		-	~~APPROVED: 3/25/25~~ 9
	163	+	9
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