Mississippi 2025 Regular Session

Mississippi House Bill HB764 Compare Versions

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11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representative Boyd (19th) House Bill 764 AN ACT TO AMEND SECTION 37-13-163, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH PUBLIC SCHOOL BOARD AND CHARTER SCHOOL GOVERNING BOARD TO DISPLAY THE TEN COMMANDMENTS IN EACH CLASSROOM IN EACH SCHOOL OR CHARTER SCHOOL UNDER ITS JURISDICTION BY NOT LATER THAN JANUARY 1, 2026; TO PRESCRIBE ADDITIONAL HISTORICAL DOCUMENTS AND TEXTS THAT SCHOOL BOARDS GOVERNING AUTHORITY MAY CHOOSE TO DISPLAY IN THEIR CLASSROOMS; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND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 shall display the Ten Commandments in each classroom in each school or charter school under its jurisdiction. The nature of the display shall be determined by the appropriate governing board with a minimum requirement that the Ten Commandments shall be displayed on a poster or framed document that is at least eleven (11) inches by fourteen (14) inches. 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 shall do either of the following: (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 requires 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.
22
33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Education
88
99 By: Representative Boyd (19th)
1010
1111 # House Bill 764
1212
1313 AN ACT TO AMEND SECTION 37-13-163, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH PUBLIC SCHOOL BOARD AND CHARTER SCHOOL GOVERNING BOARD TO DISPLAY THE TEN COMMANDMENTS IN EACH CLASSROOM IN EACH SCHOOL OR CHARTER SCHOOL 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.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. The Legislature finds and declares all of the following:
1818
1919 (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);
2020
2121 (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.
2222
2323 (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."
2424
2525 (4) Including the Ten Commandments in the education of our children is part of our state and national history, culture, and tradition.
2626
2727 (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).
2828
2929 (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.
3030
3131 (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."
3232
3333 (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.
3434
3535 (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).
3636
3737 (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.
3838
3939 SECTION 2. Section 37-13-163, Mississippi Code of 1972, is amended as follows:
4040
4141 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.
4242
4343 (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.
4444
4545 (3) (a) No later than January 1, 2026, each public school board and charter school governing board shall display the Ten Commandments in each classroom in each school or charter school under its jurisdiction. The nature of the display shall be determined by the appropriate governing board with a minimum requirement that the Ten Commandments shall be displayed on a poster or framed document that is at least eleven (11) inches by fourteen (14) inches. 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.
4646
4747 (b) The text shall read as follows:
4848
4949 "The Ten Commandments
5050
5151 I AM the LORD thy God.
5252
5353 Thou shalt have no other gods before me.
5454
5555 Thou shalt not make to thyself any graven images.
5656
5757 Thou shalt not take the Name of the Lord thy God in vain.
5858
5959 Remember the Sabbath day, to keep it holy.
6060
6161 Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.
6262
6363 Thou shalt not kill.
6464
6565 Thou shalt not commit adultery.
6666
6767 Thou shalt not steal.
6868
6969 Thou shalt not bear false witness against thy neighbor.
7070
7171 Thou shalt not covet thy neighbor's house.
7272
7373 Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's."
7474
7575 (c) The Ten Commandments shall be displayed with a context statement as follows:
7676
7777 "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.
7878
7979 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.
8080
8181 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."
8282
8383 (d) A public school may also display the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance, along with the Ten Commandments.
8484
8585 (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 shall do either of the following:
8686
8787 (i) Accept donated funds to purchase the displays; or
8888
8989 (ii) Accept donated displays.
9090
9191 (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.
9292
9393 (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.
9494
9595 SECTION 3. Section 37-28-45, Mississippi Code of 1972, is amended as follows:
9696
9797 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.
9898
9999 (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.
100100
101101 (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.
102102
103103 (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.
104104
105105 (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.
106106
107107 (6) Charter schools are not exempt from the following statutes:
108108
109109 (a) Chapter 41, Title 25, Mississippi Code of 1972, which relate to open meetings of public bodies.
110110
111111 (b) Chapter 61, Title 25, Mississippi Code of 1972, which relate to public access to public records.
112112
113113 (c) Section 37-3-51, which requires notice by the district attorney of licensed school employees who are convicted of certain sex offenses.
114114
115115 (d) Section 37-3-53, which requires publication of the Mississippi Report Card by the State Board of Education.
116116
117117 (e) Section 37-11-18, which requires the automatic expulsion of a student possessing a weapon or controlled substance on educational property.
118118
119119 (f) Section 37-11-18.1, which requires expulsion of certain habitually disruptive students.
120120
121121 (g) Section 37-11-19, which requires suspension or expulsion of a student who damages school property.
122122
123123 (h) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school.
124124
125125 (i) Section 37-11-21, which prohibits parental abuse of school staff.
126126
127127 (j) Section 37-11-23, which prohibits the willful disruption of school and school meetings.
128128
129129 (k) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property.
130130
131131 (l) Section 37-11-67, which prohibits bullying or harassing behavior in public schools.
132132
133133 (m) Section 37-13-3, which prohibits doctrinal, sectarian or denominational teaching in public schools.
134134
135135 (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.
136136
137137 (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.
138138
139139 (p) Section 37-13-91, which is the Mississippi Compulsory School Attendance Law.
140140
141141 (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.
142142
143143 (r) Section 37-13-173, which requires notice to parents before instruction on human sexuality is provided in public classrooms.
144144
145145 (s) Section 37-13-193, which relates to civil rights and human rights education in the public schools.
146146
147147 (t) Sections 37-15-1 and 37-15-3, which relate to the maintenance and transfer of permanent student records in public schools.
148148
149149 (u) Section 37-15-6, which requires the State Department of Education to maintain a record of expulsions from the public schools.
150150
151151 (v) Section 37-15-9, which establishes minimum age requirements for kindergarten and first grade enrollment in public schools.
152152
153153 (w) Section 37-15-11, which requires a parent, legal guardian or custodian to accompany a child seeking enrollment in a public school.
154154
155155 (x) Sections 37-16-1, 37-16-3, 37-16-4 and 37-16-9, which relate to the statewide assessment testing program.
156156
157157 (y) Section 37-18-1, which establishes the Superior-Performing Schools Program and Exemplary Schools Program to recognize public schools that improve.
158158
159159 (z) Section 37-13-163(3), which requires the display of the Ten Commandments in all public school classrooms.
160160
161161 SECTION 4. This act shall take effect and be in force from and after July 1, 2025.