BILL NUMBER: AB 974	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 26, 2009

   An act to add Sections 48950.1 and 48950.2 to the Education Code,
relating to pupil rights, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 974, as introduced, Audra Strickland. Pupil rights: religious
expression.
   Existing law prohibits school districts operating one or more high
schools and private secondary schools from making or enforcing a
rule subjecting a high school pupil to disciplinary sanctions solely
on the basis of conduct that is speech or other communication that,
when engaged in outside of the campus, is protected from governmental
restriction by the First Amendment to the United States Constitution
or Section 2 of Article I of the California Constitution. Existing
law provides that pupils of the public schools have the right to
exercise freedom of speech and of the press, including, but not
limited to, the use of bulletin boards, the distribution of printed
materials or petitions, and the right of expression in official
publications, whether or not the publications or other means of
expression are supported financially by the school or by use of
school facilities, except that expression shall be prohibited which
is obscene, libelous, or slanderous. Existing law requires each
governing board of a school district and each county board of
education to adopt rules and regulations in the form of a written
publications code, that shall include reasonable provisions for the
time, place, and manner of conducting these activities within its
respective jurisdiction.
   This bill, the Religious Viewpoints Antidiscrimination Act or the
Schoolchildren's Religious Liberties Act would require a school
district to treat a pupil's voluntary expression of a religious
viewpoint, if any, on an otherwise permissible subject in the same
manner the district treats a pupil's voluntary expression of a
secular or other viewpoint and prohibit discrimination against a
pupil based on the religious viewpoint expressed.
   This bill would require a district to adopt a policy that must
include the establishment of a limited public forum for student
speakers at all school events at which a pupil may speak publicly, as
specified. This bill would provide that pupils have the right to
express their beliefs about religion in homework, artwork, and other
written and oral assignments free from discrimination based on the
religious content of their submissions and to organize prayer groups
or religious clubs or gatherings before, during, and after school to
the same extent that pupils are permitted to organize other
noncurricular student activities and groups. This bill would also
require religious groups to 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 pupils'
expression and advertise or announce meetings of the groups.
   If pupil groups that meet for nonreligious activities are
permitted to, the school district may not discriminate against groups
that meet for prayer or other religious speech. The bill would allow
school districts to 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. The bill
would also provide that if a school district adopts and follows a
model policy governing voluntary religious expression in public
schools as specified, the district is in compliance with the
provisions of the act covered by the model policy.
   Because this bill would require school districts to perform
additional duties, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it would take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the
Religious Viewpoints Antidiscrimination Act.
  SEC. 2.  Section 48950.1 is added to the Education Code, to read:
   48950.1.  (a) A school district shall treat a pupil's voluntary
expression of a religious viewpoint, if any, on an otherwise
permissible subject in the same manner the district treats a pupil'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 pupil on an otherwise
permissible subject.
   (b) To ensure that the school district 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 district of a
pupil's expression of a religious viewpoint, if any, a school
district shall adopt a policy that includes the establishment of a
limited public forum for student speakers at all school events at
which a pupil may speak publicly. The policy regarding the limited
public forum must also require the school district to:
   (1) 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.
   (2) Provide a method, based on neutral criteria, for the selection
of pupil speakers at school events and graduation ceremonies.
   (3) Ensure that a pupil speaker does not engage in obscene,
vulgar, offensively lewd, or indecent speech.
   (4) State, in writing, that the pupil's speech does not reflect
the endorsement, sponsorship, position, or expression of the
district.
   (c) The school district disclaimer required by paragraph (4) of
subdivision (b) shall be provided at all graduation ceremonies. The
school district shall also continue to provide the disclaimer at any
other event in which a pupil speaks publicly for as long as a need
exists to dispel confusion over the district's nonsponsorship of the
pupil's speech.
   (d) 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.
   (e) Pupils may express their beliefs about religion in homework,
artwork, and other written and oral assignments free from
discrimination based on the religious content of their submissions.
Homework and classroom assignments shall be judged by ordinary
academic standards of substance and relevance and against other
legitimate pedagogical concerns identified by the school district.
Pupils shall not be penalized or rewarded on account of the religious
content of their work.
   (f) 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.
Religious groups shall 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 students'
expression. If pupil groups that meet for nonreligious activities are
permitted to advertise or announce meetings of the groups, the
school district shall not discriminate against groups that meet for
prayer or other religious speech. A school district 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.
  SEC. 3.  Section 48950.2 is added to the Education Code, to read:
   48950.2.  (a) If a school district adopts and follows the model
policy governing voluntary religious expression in public schools as
defined in subdivision (b), the district is in compliance with the
provisions of Section 48950.1 covered by the model policy.
   (b) As used in this section, "model policy" means a local policy
adopted by the school district that is substantially identical to the
following:



   ARTICLE I


   PUPIL EXPRESSION OF RELIGIOUS VIEWPOINTS

   The school district shall treat a pupil's voluntary expression of
a religious viewpoint, if any, on an otherwise permissible subject in
the same manner the district treats a pupil'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 pupil on an otherwise permissible subject.



   ARTICLE II


   PUPIL SPEAKERS AT NONGRADUATION EVENTS

   The school district hereby creates a limited public forum for
pupil speakers at all school events at which a pupil is to speak
publicly. For each speaker, the district shall set a maximum time
limit reasonable and appropriate to the occasion. Pupil speakers
shall introduce:
   (1) Football games.
   (2) Any athletic events designated by the district.
   (3) Opening announcements and greetings for the schoolday.
   (4) Any additional events designated by the district, which may
include, without limitation, assemblies and pep rallies.
   The forum shall be limited in the manner provided by this article.

   Only those pupils in the highest two grade levels of the school
and who hold one 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 pupils holding
positions of honor as the school district may designate.
   An eligible pupil shall be notified of the pupil's eligibility,
and a pupil who wishes to participate as an introducing speaker shall
submit the pupil's name to the student council or other designated
body during an announced period of not less than three days. The
announced period may be at the beginning of the school year, at the
end of the preceding school year so pupil 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 pupil speakers shall be randomly drawn
until all names have been selected, and the names shall be listed in
the order drawn. Each selected pupil will be matched chronologically
to the event for which the pupil will be giving the introduction.
Each pupil may speak for one week at a time for all introductions of
events that week, or rotate after each speaking event, or otherwise
as determined by the district. The list of pupil speakers shall be
chronologically repeated as needed, in the same order. The district
may repeat the selection process each semester rather than once a
year.
   The subject of the pupil 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 pupil
must stay on the subject, and the pupil may not engage in obscene,
vulgar, offensively lewd, or indecent speech. The school district
shall treat a pupil's voluntary expression of a religious viewpoint,
if any, on an otherwise permissible subject in the same manner the
district treats a pupil'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.
   For as long as there is a need to dispel confusion over the
nonsponsorship of the pupil's speech, at each event in which a pupil
will deliver an introduction, a disclaimer shall be stated in written
or oral form, or both, such as, "The pupil giving the introduction
for this event is a volunteering pupil selected on neutral criteria
to introduce the event. The content of the introduction is the
private expression of the pupil and does not reflect the endorsement,
sponsorship, position, or expression of the school district."
   Certain pupils 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 pupils, 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 pupil's voluntary expression of a
religious viewpoint, if any, on an otherwise permissible subject in
the same manner the district treats a pupil'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 pupil on an otherwise permissible subject.



   ARTICLE III


   PUPIL SPEAKERS AT GRADUATION CEREMONIES

   The school district hereby creates a limited public forum
consisting of an opportunity for a pupil to speak to begin graduation
ceremonies and another pupil to speak to end graduation ceremonies.
For each speaker, the 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 pupils who are graduating and who hold one 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 three 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 pupils 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 pupils giving the opening and closing remarks,
certain other pupils 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 district creates a limited
public forum for these pupils 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 pupil's perspective on
purpose, achievement, life, school, graduation, and looking forward
to the future.
   The subject must be designated for each pupil speaker, the pupil
must stay on the subject, and the pupil may not engage in obscene,
vulgar, offensively lewd, or indecent speech. The school district
shall treat a pupil's voluntary expression of a religious viewpoint,
if any, on an otherwise permissible subject in the same manner the
district treats a pupil'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 pupil on an otherwise permissible subject.
   A written disclaimer shall be printed in the graduation program
that states, "The pupil who will be speaking at the graduation
ceremony were selected based on neutral criteria to deliver messages
of the pupil' 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
board of trustees, or the district's administration, or employees of
the district, or the views of any other graduate. The contents of
these messages were prepared by the pupil volunteers, and the
district refrained from any interaction with pupil speakers regarding
the student pupil' viewpoints on permissible subjects."



   ARTICLE IV


   RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS

   Pupils may express their beliefs about religion in homework,
artwork, and other written and oral assignments free from
discrimination based on the religious content of the pupils'
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. Pupils 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 or a psalm, shall 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

   Pupils 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 pupils are permitted to
organize other noncurricular pupil 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 pupil groups that meet for nonreligious activities are
permitted to advertise or announce the groups' meetings, for
example, by advertising in a pupil newspaper, putting up posters,
making announcements on a pupil activities bulletin board or public
address system, or handing out leaflets, school authorities shall 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.


  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to prevent punishment of pupils who engage in voluntary
expression of a religious viewpoint, it is necessary that this act
take effect immediately.