No. HB 835
Filed under Education.
Freedom of Speech and Religious Expression in Public Schools; Prohibits school district from discriminating against students or school personnel on basis of political or ideological viewpoints or expression; prohibits penalty or reward for student's political or ideological expression in coursework, artwork, or other specified assignments; authorizes student to wear clothing, accessories, & jewelry displaying political or ideological messages or symbols; authorizes student to engage in political or ideological activities or expression; authorizes student to organize political or ideological groups, clubs, & other gatherings; requires that school district provide political or ideological groups with equal access to school facilities; authorizes political or ideological groups to advertise or announce meetings in same manner & to same extent as other groups; requires that DOE develop & publish model policy regarding limited public forum & political or ideological expression; creates private cause of action for persons & student organizations harmed by specified violations; provides for specified awards to such persons & organizations; authorizes such persons & organizations to use specified violations as defense or counterclaim; provides applicability; requires such actions to be brought within specified period of time; provides that state waives specified immunity; provides school district liability.
Plain English Summary
AI-GENERATEDSchools may no longer penalize students for political or ideological viewpoints in assignments, artwork, or speech. This removes the previous restriction that limited protections to religious and secular viewpoints only.
Students may now wear political or ideological clothing, organize political clubs, and use school facilities on equal terms with other groups. Schools must provide equal access and advertising opportunities for these new types of student organizations.
The bill creates a private right of action allowing students and groups to sue school districts for violations. Prevailing plaintiffs are awarded statutory punitive damages between $15,000 and $25,000, plus attorney fees and costs.
School districts are explicitly stripped of state and federal immunity for violations of this section. The state waives Eleventh Amendment immunity, allowing lawsuits to be filed directly in federal court.
AISchool districts are prohibited from discriminating against or penalizing students for expressing religious, political, or ideological viewpoints in the same manner as other students.
AIStudent work must be evaluated based on academic standards, and students may not be penalized or rewarded based on the religious, political, or ideological content of their assignments.
AISchool districts must provide religious, political, or ideological groups with equal access to school facilities and the same ability to advertise meetings as other groups.
AIIndividuals or student groups harmed by violations may sue for declaratory relief, attorney fees, and statutory punitive damages of $15,000 to $25,000.
AIThe state waives Eleventh Amendment immunity, allowing school districts to be sued in federal court for violations of this section.
AISchool districts may prohibit or restrict expression that is not protected by the First Amendment, is severely offensive, or causes substantial disruption to school operations.