MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representatives Remak, Hale, Hall, Harris, Kinkade, McCray, Varner, Yancey House Bill 709 AN ACT TO AMEND SECTION 37-13-163, MISSISSIPPI CODE OF 1972, TO PERMIT EACH PUBLIC SCHOOL BOARD AND CHARTER SCHOOL GOVERNING BOARD TO DISPLAY THE TEN COMMANDMENTS IN A PROMINENT LOCATION WITHIN EACH SCHOOL OR CHARTER SCHOOL FACILITY UNDER ITS JURISDICTION BY NOT LATER THAN JANUARY 1, 2026; TO PRESCRIBE ADDITIONAL HISTORICAL DOCUMENTS AND TEXTS THAT SCHOOL BOARDS GOVERNING AUTHORITY MAY CHOOSE TO DISPLAY IN THEIR CLASSROOMS; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT TO ENSURE THE PROPER IMPLEMENTATION OF THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO IDENTIFY APPROPRIATE RESOURCES TO COMPLY WITH THE PROVISIONS OF THIS ACT THAT ARE FREE OF CHARGE, AND ONCE IDENTIFIED, TO LIST THE FREE RESOURCES ON THE DEPARTMENT'S WEBSITE; TO AMEND SECTION 37-28-45, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The Legislature finds and declares all of the following: (1) In 2005, the Supreme Court of the United States recognized that it is permissible to display the Ten Commandments on government property in Van Orden v. Perry, 545 U.S. 677, 688 (2005); (2) In 2019, the Supreme Court of the United States further recognized that the Ten Commandments "have historical significance as one of the foundations of our legal system. . .", in American Legion v. American Humanists Association, 588 U.S. 29, 53 (2019) and, the court also ruled that the displaying of the Ten Commandments on public property may have "multiple purposes" such as "historical significance" and represent a "common cultural heritage". id, 588 U.S. at 54. (3) Recognizing the historical role of the Ten Commandments accords with our nation's history and faithfully reflects the understanding of the founders of our nation with respect to the necessity of civic morality to a functional self-government. History records that James Madison, the fourth President of the United States of America, stated that "(w)e have staked the whole future of our new nation . . . upon the capacity of each ourselves to govern ourselves according to the moral principles of the Ten Commandments." (4) Including the Ten Commandments in the education of our children is part of our state and national history, culture, and tradition. (5) The text of the Ten Commandments set forth in subsection (b) of this section is identical to the text of the Ten Commandments monument that was upheld by the Supreme Court of the United States in Van Orden v. Perry, 545 U.S. 677, 688 (2005). (6) The Mayflower Compact of 1620 was America's first written constitution and made a Covenant with Almighty God to "form a civil body politic". This was the first purely American document of self-government and affirmed the link between civil society and God. (7) The Northwest Ordinance of 1787 provided a method of admitting new states to the Union from the territory as the country expanded to the Pacific. The ordinance "extended the fundamental principles of civil and religious liberty" to the territories and stated that "(r)eligion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." (8) It is the Legislature's intent to apply the decision set forth by the Supreme Court of the United States in Van Orden v. Perry, id, to continue the rich tradition and ensure that the students in our public schools may understand and appreciate the foundational documents of our state and national government. (9) The Supreme Court of the United States acknowledged that the Ten Commandments may be displayed on local government property when a private donation is made for the purchase of the historical monument. Pleasant Grove City, Utah v. Summan, 555 U.S. 460 (2006). (10) It is the intention of the Legislature that this section shall not create an unfunded mandate on any public school governing authority. The school boards are encouraged to use documents that are printed and made available to the schools free of charge. SECTION 2. Section 37-13-163, Mississippi Code of 1972, is amended as follows: 37-13-163. (1) Any teacher, administrator, school council or local school board in any public school district in this state may post in a public school building, classroom or at any school event or read from any historical document or writing relating to the founding of the United States of America or this state, or both, notwithstanding the fact that such materials may include religious quotations, references or illustrations. There shall be no content-based censorship of American or Mississippi History, heritage or culture based on any religious references contained in such documents, writings or records. (2) Principals and teachers in each public elementary and secondary school of each school district in this state shall display on an appropriately framed background with minimum dimensions of eleven (11) inches by fourteen (14) inches, the following motto of the United States of America in each classroom, school auditorium and school cafeteria under his or her supervision: "IN GOD WE TRUST." For purposes of this provision, "classroom" shall mean any room of a public school where instruction takes place. (3) (a) No later than January 1, 2026, each public school board and charter school governing board may display the Ten Commandments in a prominent location within each school facility under its jurisdiction. The nature of the display shall be determined by the appropriate governing board provided that the Ten Commandments shall be displayed on a poster or framed document that is at least eleven (11) inches by fourteen (14) inches in dimension. The text of the Ten Commandments shall be the central focus of the poster or framed document and shall be printed in a large, easily readable font. (b) The text shall read as follows: "The Ten Commandments I AM the LORD thy God. Thou shalt have no other gods before me. Thou shalt not make to thyself any graven images. Thou shalt not take the Name of the Lord thy God in vain. Remember the Sabbath day, to keep it holy. Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee. Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbor. Thou shalt not covet thy neighbor's house. Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's." (c) The Ten Commandments shall be displayed with a context statement as follows: "The History of the Ten Commandments in American Public Education The Ten Commandments were a prominent part of American public education, for almost three (3) centuries. Around the year 1688, The New England Primer became the first published American textbook and was the equivalent of a first grade reader. The New England Primer was used in public schools throughout the United States for more than one hundred fifty (150) years to teach Americans to read and contained more than forty (40) questions about the Ten Commandments. The Ten Commandments were also included in public school textbooks published by educator, William McGuffey, a noted university president and professor. A version of his famous McGuffey Readers was written in the early 1800s and became one (1) of the most popular textbooks in the history of American education, selling more than one hundred million (100,000,000) copies. Copies of the McGuffey Readers are still available today. The Ten Commandments also appeared in textbooks published by Noah Webster in which were widely used in American public schools along with America's first comprehensive dictionary that Webster also published. His textbook, The American Spelling Book, contained the Ten Commandments and sold more than one hundred million (100,000,000) copies for use by public school children all across the nation and was still available for use in American public schools in the year 1975." (d) A public school may also display the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance, along with the Ten Commandments. (e) This section shall not require a public school board or charter school governing board to spend its funds to purchase displays. In order to fund the displays free of charge, the school public governing authority may: (i) Accept donated funds to purchase the displays; or (ii) Accept donated displays. (f) The State Board of Education shall adopt rules and regulations in accordance with the Administrative Procedure Act to ensure the proper implementation of this subsection. (g) The State Department of Education shall identify appropriate resources to comply with the provisions of this subsection that are free of charge. Once identified, the department shall list the free resources on the department's website. SECTION 3. Section 37-28-45, Mississippi Code of 1972, is amended as follows: 37-28-45. (1) Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter. (2) Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures. (3) Although a charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district, the charter school may not be considered a school within that district under the purview of the school district's school board. The rules, regulations, policies and procedures established by the school board for the noncharter public schools that are in the school district in which the charter school is geographically located do not apply to the charter school unless otherwise required under the charter contract or any contract entered into between the charter school governing board and the local school board. (4) Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language "school districts," "school boards," "boards of trustees," "the schools within a school district," or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools. (5) A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract. (6) Charter schools are not exempt from the following statutes: (a) Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies. (b) Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records. (c) Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses. (d) Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education. (e) Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property. (f) Section 37-11-18.1, which requires expulsion of certain habitually disruptive students. (g) Section 37-11-19, which requires suspension or expulsion of a student who damages school property. (h) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school. (i) Section 37-11-21, which prohibits parental abuse of school staff. (j) Section 37-11-23, which prohibits the willful disruption of school and school meetings. (k) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property. (l) Section 37-11-67, which prohibits bullying or harassing behavior in public schools. (m) Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools. (n) Sections 37-13-5 and 37-13-6, which require the flags of the United States and the State of Mississippi to be displayed near the school building. (o) Section 37-13-63(1), which prescribes the minimum number of days which public schools must be kept in session during a scholastic year. (p) Section 37-13-91, which is the Mississippi Compulsory School Attendance Law. (q) Section 37-13-171(2) and (4), which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education. (r) Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms. (s) Section 37-13-193, which relates to civil rights and human rights education in the public schools. (t) Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools. (u) Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools. (v) Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools. (w) Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school. (x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program. (y) Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve. (z) Section 37-13-163(3), which authorizes the display of the Ten Commandments in all public school classrooms. SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Representatives Remak, Hale, Hall, Harris, Kinkade, McCray, Varner, Yancey
# House Bill 709
AN ACT TO AMEND SECTION 37-13-163, MISSISSIPPI CODE OF 1972, TO PERMIT EACH PUBLIC SCHOOL BOARD AND CHARTER SCHOOL GOVERNING BOARD TO DISPLAY THE TEN COMMANDMENTS IN A PROMINENT LOCATION WITHIN EACH SCHOOL OR CHARTER SCHOOL FACILITY UNDER ITS JURISDICTION BY NOT LATER THAN JANUARY 1, 2026; TO PRESCRIBE ADDITIONAL HISTORICAL DOCUMENTS AND TEXTS THAT SCHOOL BOARDS GOVERNING AUTHORITY MAY CHOOSE TO DISPLAY IN THEIR CLASSROOMS; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT TO ENSURE THE PROPER IMPLEMENTATION OF THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO IDENTIFY APPROPRIATE RESOURCES TO COMPLY WITH THE PROVISIONS OF THIS ACT THAT ARE FREE OF CHARGE, AND ONCE IDENTIFIED, TO LIST THE FREE RESOURCES ON THE DEPARTMENT'S WEBSITE; TO AMEND SECTION 37-28-45, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds and declares all of the following:
(1) In 2005, the Supreme Court of the United States recognized that it is permissible to display the Ten Commandments on government property in Van Orden v. Perry, 545 U.S. 677, 688 (2005);
(2) In 2019, the Supreme Court of the United States further recognized that the Ten Commandments "have historical significance as one of the foundations of our legal system. . .", in American Legion v. American Humanists Association, 588 U.S. 29, 53 (2019) and, the court also ruled that the displaying of the Ten Commandments on public property may have "multiple purposes" such as "historical significance" and represent a "common cultural heritage". id, 588 U.S. at 54.
(3) Recognizing the historical role of the Ten Commandments accords with our nation's history and faithfully reflects the understanding of the founders of our nation with respect to the necessity of civic morality to a functional self-government. History records that James Madison, the fourth President of the United States of America, stated that "(w)e have staked the whole future of our new nation . . . upon the capacity of each ourselves to govern ourselves according to the moral principles of the Ten Commandments."
(4) Including the Ten Commandments in the education of our children is part of our state and national history, culture, and tradition.
(5) The text of the Ten Commandments set forth in subsection (b) of this section is identical to the text of the Ten Commandments monument that was upheld by the Supreme Court of the United States in Van Orden v. Perry, 545 U.S. 677, 688 (2005).
(6) The Mayflower Compact of 1620 was America's first written constitution and made a Covenant with Almighty God to "form a civil body politic". This was the first purely American document of self-government and affirmed the link between civil society and God.
(7) The Northwest Ordinance of 1787 provided a method of admitting new states to the Union from the territory as the country expanded to the Pacific. The ordinance "extended the fundamental principles of civil and religious liberty" to the territories and stated that "(r)eligion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."
(8) It is the Legislature's intent to apply the decision set forth by the Supreme Court of the United States in Van Orden v. Perry, id, to continue the rich tradition and ensure that the students in our public schools may understand and appreciate the foundational documents of our state and national government.
(9) The Supreme Court of the United States acknowledged that the Ten Commandments may be displayed on local government property when a private donation is made for the purchase of the historical monument. Pleasant Grove City, Utah v. Summan, 555 U.S. 460 (2006).
(10) It is the intention of the Legislature that this section shall not create an unfunded mandate on any public school governing authority. The school boards are encouraged to use documents that are printed and made available to the schools free of charge.
SECTION 2. Section 37-13-163, Mississippi Code of 1972, is amended as follows:
37-13-163. (1) Any teacher, administrator, school council or local school board in any public school district in this state may post in a public school building, classroom or at any school event or read from any historical document or writing relating to the founding of the United States of America or this state, or both, notwithstanding the fact that such materials may include religious quotations, references or illustrations. There shall be no content-based censorship of American or Mississippi History, heritage or culture based on any religious references contained in such documents, writings or records.
(2) Principals and teachers in each public elementary and secondary school of each school district in this state shall display on an appropriately framed background with minimum dimensions of eleven (11) inches by fourteen (14) inches, the following motto of the United States of America in each classroom, school auditorium and school cafeteria under his or her supervision: "IN GOD WE TRUST." For purposes of this provision, "classroom" shall mean any room of a public school where instruction takes place.
(3) (a) No later than January 1, 2026, each public school board and charter school governing board may display the Ten Commandments in a prominent location within each school facility under its jurisdiction. The nature of the display shall be determined by the appropriate governing board provided that the Ten Commandments shall be displayed on a poster or framed document that is at least eleven (11) inches by fourteen (14) inches in dimension. The text of the Ten Commandments shall be the central focus of the poster or framed document and shall be printed in a large, easily readable font.
(b) The text shall read as follows:
"The Ten Commandments
I AM the LORD thy God.
Thou shalt have no other gods before me.
Thou shalt not make to thyself any graven images.
Thou shalt not take the Name of the Lord thy God in vain.
Remember the Sabbath day, to keep it holy.
Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.
Thou shalt not kill.
Thou shalt not commit adultery.
Thou shalt not steal.
Thou shalt not bear false witness against thy neighbor.
Thou shalt not covet thy neighbor's house.
Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's."
(c) The Ten Commandments shall be displayed with a context statement as follows:
"The History of the Ten Commandments in American Public Education The Ten Commandments were a prominent part of American public education, for almost three (3) centuries. Around the year 1688, The New England Primer became the first published American textbook and was the equivalent of a first grade reader. The New England Primer was used in public schools throughout the United States for more than one hundred fifty (150) years to teach Americans to read and contained more than forty (40) questions about the Ten Commandments.
The Ten Commandments were also included in public school textbooks published by educator, William McGuffey, a noted university president and professor. A version of his famous McGuffey Readers was written in the early 1800s and became one (1) of the most popular textbooks in the history of American education, selling more than one hundred million (100,000,000) copies. Copies of the McGuffey Readers are still available today.
The Ten Commandments also appeared in textbooks published by Noah Webster in which were widely used in American public schools along with America's first comprehensive dictionary that Webster also published. His textbook, The American Spelling Book, contained the Ten Commandments and sold more than one hundred million (100,000,000) copies for use by public school children all across the nation and was still available for use in American public schools in the year 1975."
(d) A public school may also display the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance, along with the Ten Commandments.
(e) This section shall not require a public school board or charter school governing board to spend its funds to purchase displays. In order to fund the displays free of charge, the school public governing authority may:
(i) Accept donated funds to purchase the displays; or
(ii) Accept donated displays.
(f) The State Board of Education shall adopt rules and regulations in accordance with the Administrative Procedure Act to ensure the proper implementation of this subsection.
(g) The State Department of Education shall identify appropriate resources to comply with the provisions of this subsection that are free of charge. Once identified, the department shall list the free resources on the department's website.
SECTION 3. Section 37-28-45, Mississippi Code of 1972, is amended as follows:
37-28-45. (1) Charter schools are subject to the same civil rights, health and safety requirements applicable to noncharter public schools in the state, except as otherwise specifically provided in this chapter.
(2) Charter schools are subject to the student assessment and accountability requirements applicable to noncharter public schools in the state; however, this requirement does not preclude a charter school from establishing additional student assessment measures that go beyond state requirements if the authorizer approves those measures.
(3) Although a charter school is geographically located within the boundaries of a particular school district and enrolls students who reside within the school district, the charter school may not be considered a school within that district under the purview of the school district's school board. The rules, regulations, policies and procedures established by the school board for the noncharter public schools that are in the school district in which the charter school is geographically located do not apply to the charter school unless otherwise required under the charter contract or any contract entered into between the charter school governing board and the local school board.
(4) Whenever the provisions of Title 37, Mississippi Code of 1972, relating to the elementary and secondary education of public school students establish a requirement for or grant authority to local school districts, their school boards and the schools within the respective school districts, the language "school districts," "school boards," "boards of trustees," "the schools within a school district," or any other similar phraseology does not include a charter school and the governing board of a charter school unless the statute specifically is made applicable to charter schools as well as noncharter public schools.
(5) A charter school is not subject to any rule, regulation, policy or procedure adopted by the State Board of Education or the State Department of Education unless otherwise required by the authorizer or in the charter contract.
(6) Charter schools are not exempt from the following statutes:
(a) Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
(b) Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
(c) Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
(d) Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education.
(e) Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
(f) Section 37-11-18.1, which requires expulsion of certain habitually disruptive students.
(g) Section 37-11-19, which requires suspension or expulsion of a student who damages school property.
(h) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school.
(i) Section 37-11-21, which prohibits parental abuse of school staff.
(j) Section 37-11-23, which prohibits the willful disruption of school and school meetings.
(k) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property.
(l) Section 37-11-67, which prohibits bullying or harassing behavior in public schools.
(m) Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools.
(n) Sections 37-13-5 and 37-13-6, which require the flags of the United States and the State of Mississippi to be displayed near the school building.
(o) Section 37-13-63(1), which prescribes the minimum number of days which public schools must be kept in session during a scholastic year.
(p) Section 37-13-91, which is the Mississippi Compulsory School Attendance Law.
(q) Section 37-13-171(2) and (4), which requires any course containing sex-related education to include instruction in abstinence-only or abstinence-plus education.
(r) Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
(s) Section 37-13-193, which relates to civil rights and human rights education in the public schools.
(t) Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools.
(u) Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools.
(v) Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
(w) Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
(x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program.
(y) Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.
(z) Section 37-13-163(3), which authorizes the display of the Ten Commandments in all public school classrooms.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.