THE BILL ITSELF
HB 835
Freedom of Speech and Religious Expression in Public Schools
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A bill to be entitled
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An act relating to freedom of speech and religious
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expression in public schools; amending s. 1002.206,
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F.S.; prohibiting a school district from
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discriminating against students or school personnel on
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the basis of political or ideological viewpoints or
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expression; prohibiting penalty or reward for a
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student's political or ideological expression in
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coursework, artwork, or other specified assignments;
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authorizing a student to wear clothing, accessories,
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and jewelry displaying political or ideological
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messages or symbols; authorizing a student to engage
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in political or ideological activities or expression;
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authorizing a student to organize political or
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ideological groups, clubs, and other gatherings;
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requiring that a school district provide political or
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ideological groups with equal access to school
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facilities; authorizing political or ideological
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groups to advertise or announce meetings in the same
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manner and to the same extent as other groups;
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requiring that the Department of Education develop and
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publish a model policy regarding a limited public
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forum and political or ideological expression;
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providing construction; creating a private cause of
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action for persons and student clubs or groups harmed
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by specified violations; providing for specified
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awards to such persons and clubs or groups;
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authorizing such persons and clubs or groups to use
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specified violations as a defense or counterclaim
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under certain circumstances; providing applicability;
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requiring such actions to be brought within a
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specified period of time; providing that state waives
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specified immunity; providing school district
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liability; providing severability; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1002.206, Florida Statutes, is amended to read:
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1002.206 Freedom of speech and religious expression in
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public schools.—
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(1) This section may be cited as the "Florida Student and
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School Personnel First Amendment and Religious Liberties Act."
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(2) A school district may not discriminate against a
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student, parent, or school personnel on the basis of a religious
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viewpoint or religious expression. A school district may not
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discriminate against or penalize a student on the basis of
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expressing a religious, political, or ideological viewpoint or
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for engaging in religious, political, or ideological expression
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in the same time, place, and manner and to the same extent that
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other similarly situated students may engage in speech or
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express views at a public school. A school district shall treat
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a student's voluntary expression of a religious, political, or
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ideological viewpoint on an otherwise permissible subject in the
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same manner that the school district treats a student's
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voluntary expression of any other a secular viewpoint.
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(3)(a) A student may express his or her religious,
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political, or ideological beliefs in coursework, artwork, and
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other written and oral assignments free from discrimination or
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academic penalty. A student's homework and classroom assignments
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shall be evaluated, regardless of their religious, political, or
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ideological content, based on expected academic standards
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relating to the course curriculum and requirements. A student
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may not be penalized or rewarded based on the religious,
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political, or ideological content of his or her work if the
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coursework, artwork, or other written or oral assignments
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require a student's viewpoint to be expressed.
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(b) A student may wear clothing, accessories, and jewelry
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that display a religious, political, or ideological message or
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symbol in the same manner and to the same extent that other
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secular types of clothing, accessories, and jewelry that display
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messages or symbols are permitted to be worn.
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(4)(a) A student may pray or engage in or organize
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religious, political, or ideological activities or religious,
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political, or ideological expression before, during, and after
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the school day in the same manner and to the same extent that a
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student may engage in other secular activities or expression. A
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student may organize prayer groups or, religious, political, or
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ideological clubs, and other religious, political, or
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ideological gatherings before, during, and after the school day
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in the same manner and to the same extent that a student is
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permitted to organize other secular activities, clubs,
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gatherings, and groups. A school district may not discriminate
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against a student club or group based on:
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1. The religious, political, or ideological viewpoints
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expressed by the students or the club; or
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2. Any requirement that the leaders or members of the club
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affirm and adhere to the club's sincerely held beliefs, comply
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with the club's standards of conduct, or further the club's
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mission or purpose, as defined by the student club.
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(b)1. A school district may not prevent school personnel
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from participating in religious activities on school grounds
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that are initiated by students at reasonable times before or
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after the school day if such activities are voluntary and do not
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conflict with the responsibilities or assignments of such
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personnel.
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2. A school district shall comply with the federal
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requirements in Title VII of the Civil Rights Act of 1964, which
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prohibits an employer from discriminating against an employee on
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the basis of religion.
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(c) A school district shall give a religious, political,
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or ideological group access to the same school facilities for
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assembling as given to other secular groups without
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discrimination based on the religious, political, or ideological
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content of the group's expression. A group that meets for prayer
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or other religious, political, or ideological speech may
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advertise or announce its meetings in the same manner and to the
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same extent that another a secular group may advertise or
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announce its meetings.
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(5)(a) A school district shall adopt a policy that
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establishes a limited public forum for student speakers at any
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school event at which a student is to speak publicly. The
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limited public forum policy shall require the school district
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to:
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1. Provide the forum in a manner that does not
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discriminate against a student's voluntary expression of a
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religious, political, or ideological viewpoint on an otherwise
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permissible subject;
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2. Provide a method based on neutral criteria for the
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selection of student speakers at school events, activities, and
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graduation ceremonies;
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3. Ensure that a student speaker does not engage in
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obscene, vulgar, offensively lewd, or indecent speech; and
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4. State in written or oral form that the student's speech
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does not reflect the endorsement, sponsorship, position, or
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expression of the school district.
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(b) The school district shall deliver the disclaimer
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required in subparagraph (a)4. at all graduation events and any
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other event at which a student speaks publicly.
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(c) Student expression of a religious, political, or
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ideological viewpoint on an otherwise permissible subject may
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not be excluded from the limited public forum.
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(6) The Department of Education shall develop a model
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policy regarding a limited public forum and voluntary expression
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of religious, political, or ideological viewpoints by students
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and school personnel in public schools pursuant to this section.
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The department shall publish the model policy on its website.
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Each district school board shall adopt and implement the
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department's model policy.
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(7) This section does not prevent a school district from
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prohibiting, limiting, or restricting:
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(a) Expression that the First Amendment of the United
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States Constitution does not protect.
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(b) Expression that is unwelcome, and so severe,
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pervasive, and subjectively and objectively offensive, that a
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student is effectively denied equal access to educational
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opportunities or benefits provided by the school.
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(c) Conduct that intentionally, materially, and
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substantially disrupts:
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1. The operations of the school; or
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2. The expressive activities of another person if that
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activity is occurring on campus in a space reserved for that
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activity under the exclusive use or control of a particular
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student, group of students, or group or club.
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(8)(a) Any person or student club or group who is harmed
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by a violation of this section, or whose rights under this
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section are violated, shall have a private cause of action
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against the school district for declaratory and injunctive
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relief, statutory punitive damages, reasonable attorney fees and
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costs, and any other appropriate relief.
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(b) If a person or student club or group prevails in any
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such action, the person or student club or group shall be
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awarded statutory punitive damages in an amount of at least
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$15,000, not to exceed $25,000.
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(c) Any person or student club or group aggrieved by a
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violation of this section may assert such violation as a defense
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or counterclaim in any disciplinary action or in any civil or
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administrative proceedings brought against such person or
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student club or group.
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(d) Nothing in this section shall be interpreted to limit
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any other remedies available to any student or student club or
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group.
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(e) A person or student club or group shall be required to
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bring suit for violation of this section not later than 2 years
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after the day the cause of action accrues. For purposes of
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calculating the 2-year limitation period, each day that the
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violation persists, and each day that a policy in violation of
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this section remains in effect, shall constitute a new day that
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the cause of action has accrued.
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(9)(a) A school district that violates this section is not
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immune from suit or liability for such violation and is not
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immune from civil suit in federal court.
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(b) The state waives immunity under the Eleventh Amendment
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of the United States Constitution and consents to suit in a
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federal court for lawsuits arising out of this section. A school
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that violates this section is not immune from suit or liability
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for the violation.
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(10) If any provision of this section or its application
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to any person or circumstance is held invalid, the invalidity
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does not affect other provisions or applications of this section
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which can be given effect without the invalid provision or
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application, and to this end the provisions of this act are
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severable.
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Section 2. This act shall take effect July 1, 2026.