Minnesota 2023-2024 Regular Session

Minnesota House Bill HF113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to education; establishing the Student Religious Liberties Act; proposing
3	3	1.3 coding for new law in Minnesota Statutes, chapter 121A.
4	4	1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5	5	1.5 Section 1. [121A.08] STUDENT RELIGIOUS LIBERTIES.
6	6	1.6 Subdivision 1.Citation.This section shall be known and may be cited as the "Student
7	7	1.7Religious Liberties Act of 2023."
8	8	1.8 Subd. 2.Student expression.A public school district shall not discriminate against
9	9	1.9students or parents on the basis of a religious viewpoint or religious expression. A school
10	10	1.10district shall treat a student's voluntary expression of a religious viewpoint, if any, on an
11	11	1.11otherwise permissible subject in the same manner the district treats a student's voluntary
12	12	1.12expression of a secular or other viewpoint on an otherwise permissible subject and may not
13	13	1.13discriminate against the student based on a religious viewpoint expressed by the student on
14	14	1.14an otherwise permissible subject.
15	15	1.15 Subd. 3.Religious expression in class assignments.Students may express their beliefs
16	16	1.16about religion in homework, artwork, and other written and oral assignments free from
17	17	1.17discrimination based on the religious content of their submissions. Homework and classroom
18	18	1.18assignments must be judged by ordinary academic standards of substance and relevance
19	19	1.19and against other legitimate pedagogical concerns identified by the school district. Students
20	20	1.20may not be penalized or rewarded on account of the religious content of their work. If an
21	21	1.21assignment requires a student's viewpoint to be expressed in coursework, artwork, or other
22	22	1.22written or oral assignments, a public school shall not penalize or reward a student on the
23	23	1.23basis of religious content or a religious viewpoint. In such an assignment, a student's
24	24	1Section 1.
25	25	REVISOR CM/NS 23-0132812/20/22
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 113
31	31	NINETY-THIRD SESSION
32	32	Authored by Quam and Jacob01/05/2023
33	33	The bill was read for the first time and referred to the Committee on Education Policy 2.1academic work that expresses a religious viewpoint shall be evaluated based on ordinary
34	34	2.2academic standards of substance and relevance to the course curriculum or requirements of
35	35	2.3the coursework or assignment.
36	36	2.4 Subd. 4.Freedom to organize religious groups and activities.(a) Students in public
37	37	2.5schools may pray or engage in religious activities or religious expression before, during,
38	38	2.6and after the school day in the same manner and to the same extent that students may engage
39	39	2.7in nonreligious activities or expression. Students may organize prayer groups, religious
40	40	2.8clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and
41	41	2.9after school to the same extent that students are permitted to organize other noncurricular
42	42	2.10student activities and groups. Religious groups must be given the same access to school
43	43	2.11facilities for assembling as is given to other noncurricular groups without discrimination
44	44	2.12based on the religious content of the students' expression. If student groups that meet for
45	45	2.13nonreligious activities are permitted to advertise or announce meetings of the groups, the
46	46	2.14school district may not discriminate against groups that meet for prayer or other religious
47	47	2.15speech. A school district may disclaim school sponsorship of noncurricular groups and
48	48	2.16events in a manner that neither favors nor disfavors groups that meet to engage in prayer
49	49	2.17or religious speech.
50	50	2.18 (b) Students in public schools may wear clothing, accessories, and jewelry that display
51	51	2.19religious messages or religious symbols in the same manner and to the same extent that
52	52	2.20other types of clothing, accessories, and jewelry that display messages or symbols are
53	53	2.21permitted.
54	54	2.22 Subd. 5.Limited public forum; school district policy.(a) To ensure that the school
55	55	2.23district does not discriminate against a student's publicly stated voluntary expression of a
56	56	2.24religious viewpoint, if any, and to eliminate any actual or perceived affirmative school
57	57	2.25sponsorship or attribution to the district of a student's expression of a religious viewpoint,
58	58	2.26if any, a school district shall adopt a policy, which must include the establishment of a
59	59	2.27limited public forum for student speakers at all school events at which a student is to publicly
60	60	2.28speak. The policy regarding the limited public forum must also require the school district
61	61	2.29to:
62	62	2.30 (1) provide the forum in a manner that does not discriminate against a student's voluntary
63	63	2.31expression of a religious viewpoint, if any, on an otherwise permissible subject;
64	64	2.32 (2) provide a method, based on neutral criteria, for the selection of student speakers at
65	65	2.33school events and graduation ceremonies;
66	66	2Section 1.
67	67	REVISOR CM/NS 23-0132812/20/22 3.1 (3) ensure that a student speaker does not engage in obscene, vulgar, offensively lewd,
68	68	3.2or indecent speech; and
69	69	3.3 (4) state, in writing, orally, or both, that the student's speech does not reflect the
70	70	3.4endorsement, sponsorship, position, or expression of the district.
71	71	3.5 (b) The school district disclaimer required by paragraph (a), clause (4), must be provided
72	72	3.6at all graduation ceremonies. The school district must also continue to provide the disclaimer
73	73	3.7at any other event in which a student speaks publicly for as long as a need exists to dispel
74	74	3.8confusion over the district's nonsponsorship of the student's speech.
75	75	3.9 (c) Student expression on an otherwise permissible subject may not be excluded from
76	76	3.10the limited public forum because the subject is expressed from a religious viewpoint.
77	77	3.11 (d) All school districts shall adopt and implement a local policy regarding a limited
78	78	3.12public forum and voluntary student expression of religious viewpoints. If a school district
79	79	3.13voluntarily adopts and follows the model policy governing voluntary religious expression
80	80	3.14in public schools developed under subdivision 6, the district is in compliance with the
81	81	3.15provisions of this section.
82	82	3.16 Subd. 6.State model policy.(a) The commissioner of education, in consultation with
83	83	3.17representatives of the Minnesota School Boards Association, the Minnesota Association of
84	84	3.18School Administrators, the Minnesota Elementary School Principals' Association, and the
85	85	3.19Minnesota Association of Secondary School Principals, shall develop and maintain a state
86	86	3.20model policy. The commissioner must assist districts and schools under this subdivision to
87	87	3.21implement the state policy. The state model policy must:
88	88	3.22 (1) define school events at which a limited public forum exists;
89	89	3.23 (2) set objective criteria for student selection for the limited public forums under clause
90	90	3.24(1);
91	91	3.25 (3) provide wording for the disclaimers under subdivisions 4 and 5;
92	92	3.26 (4) provide guidance for graduation ceremonies;
93	93	3.27 (5) provide guidance on religious expression in class assignments under subdivision 3;
94	94	3.28and
95	95	3.29 (6) provide guidance on the organization of religious groups and activities under
96	96	3.30subdivision 4.
97	97	3.31 (b) The commissioner shall develop and post departmental procedures for:
98	98	3Section 1.
99	99	REVISOR CM/NS 23-0132812/20/22 4.1 (1) periodically reviewing district and school programs and policies for compliance with
100	100	4.2this section;
101	101	4.3 (2) investigating, reporting, and responding to noncompliance with this section; and
102	102	4.4 (3) allowing students, parents, and educators to file a complaint about noncompliance
103	103	4.5with the commissioner.
104	104	4.6 Subd. 7.Statutory construction.(a) This section shall not be construed to authorize
105	105	4.7this state or any of its political subdivisions to do either of the following:
106	106	4.8 (1) require any person to participate in prayer or in any other religious activity; or
107	107	4.9 (2) violate the constitutional rights of any person.
108	108	4.10 (b) This section shall not be construed to limit the authority of any public school to do
109	109	4.11any of the following:
110	110	4.12 (1) maintain order and discipline on the campus of the public school in a content- and
111	111	4.13viewpoint-neutral manner;
112	112	4.14 (2) protect the safety of students, employees, and visitors of the public school; or
113	113	4.15 (3) adopt and enforce policies and procedures regarding student speech at school provided
114	114	4.16that the policies and procedures do not violate the rights of students as guaranteed by the
115	115	4.17Constitutions of the United States and the state of Minnesota or other applicable law.
116	116	4.18 EFFECTIVE DATE.This section is effective for the 2023-2024 school year and later.
117	117	4Section 1.
118	118	REVISOR CM/NS 23-0132812/20/22