December 10, 2013, Introduced by Senators JANSEN, HUNTER, COLBECK, GREEN, BRANDENBURG, MOOLENAAR, MARLEAU, BOOHER and PAPPAGEORGE and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by amending the title, as amended by 2003
PA 179, and by adding section 1299a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide a system of public instruction and
elementary and secondary schools; to revise, consolidate, and
clarify the laws relating to elementary and secondary education; to
provide for the organization, regulation, and maintenance of
schools, school districts, public school academies, intermediate
school districts, and other public school entities; to prescribe
rights, powers, duties, and privileges of schools, school
districts, public school academies, intermediate school districts,
and other public school entities; to prescribe certain powers and
duties of state public universities and their governing boards,
officials, and employees; to provide for the regulation of school
teachers and certain other school employees; to provide for school
elections and to prescribe powers and duties with respect thereto;
to provide for the levy and collection of taxes; to provide for the
borrowing of money and issuance of bonds and other evidences of
indebtedness; to establish a fund and provide for expenditures from
that fund; to provide for and prescribe the powers and duties of
certain state departments, the state board of education, and
certain other boards and officials; to provide for licensure of
boarding schools; to prescribe penalties; and to repeal acts and
parts of acts.
Sec. 1299a. (1) To ensure the freedom of worship and religious
belief guaranteed by section 4 of article I of the state
constitution of 1963, a board member, employee, contractor, or
agent of a public school or state public university shall not
discriminate against a student or a student's parent or legal
guardian on the basis of a religious viewpoint or religious
expression. A board member, employee, contractor, or agent of a
public school or state public university shall treat a student's
voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject in the same manner that he or she
treats a student's voluntary expression of a secular or other
viewpoint on an otherwise permissible subject and shall not
discriminate against the student based on a religious viewpoint
expressed by the student on an otherwise permissible subject.
(2) A board member, employee, contractor, or agent of a public
school or state public university shall ensure all of the
following:
(a) That a student may express his or her belief about
religion in homework, course work, artwork, and other written and
oral assignments free from discrimination based on the religious
content of the student's submission.
(b) That homework, course work, and classroom assignments are
judged only by ordinary academic standards of substance and
relevance and against other legitimate pedagogical concerns
identified by the public school or state public university.
(c) That a student is not penalized or rewarded due to the
religious content of his or her work.
(d) That, if an assignment requires a student's viewpoint to
be expressed in course work, artwork, or other written or oral
expression, a student is not penalized or rewarded on the basis of
religious content or a religious viewpoint. In such an assignment,
a student's academic work that expresses a religious viewpoint must
be evaluated based only on ordinary academic standards of substance
and relevance to the course curriculum or requirements of the
course work or assignment.
(3) A board member, employee, contractor, or agent of a public
school or state public university shall ensure all of the
following:
(a) That a student or group of students in a public school or
state public university may pray or engage in religious activities
or religious expression before, during, and after the school day in
the same manner and to the same extent that students may engage in
nonreligious activities or expression.
(b) That students 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 students
are permitted to organize other noncurricular student activities
and groups.
(c) That religious groups are given the same access to public
school or state public university facilities for assembling as is
given to other noncurricular groups without discrimination based on
the religious content of the students' expression, as provided for
public schools under section 1299. With regard to group meetings,
if student groups that meet for nonreligious activities are allowed
to advertise or announce meetings of the group, the public school
or state public university shall not discriminate against student
groups that meet for prayer or other religious speech. A board
member, employee, contractor, or agent of a public school or state
public university 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.
(d) That students may wear clothing, accessories, and jewelry
that display religious messages or religious symbols in the same
manner and to the same extent that other types of clothing,
accessories, and jewelry that display messages or symbols are
allowed.
(4) To ensure that the public school or state public
university does not discriminate against a student'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 public school or state public university of a
student's expression of a religious viewpoint, if any, the
governing board of a public school or state public university shall
adopt a policy that provides for the establishment of a limited
public forum for student speakers at all public school or state
public university events at which a student is to publicly speak.
The policy regarding the limited public forum must also require the
public school or state public university to do all of the
following:
(a) Provide the forum in a manner that does not discriminate
against a student's voluntary expression of a religious viewpoint,
if any, on an otherwise permissible subject.
(b) Provide a method, based on neutral criteria, for the
selection of student speakers at public school or state public
university events and graduation ceremonies.
(c) State, in writing, orally, or both, that the student's
speech does not reflect the endorsement, sponsorship, position, or
expression of the public school or state public university. The
policy must provide that this disclaimer must be provided at all
graduation ceremonies and, if a need exists to dispel confusion
over the public school's or state public university's
nonsponsorship of the student's speech, at any other event in which
a student speaks publicly.
(d) Ensure that student expression on an otherwise permissible
subject may not be excluded from the limited public forum because
the subject is expressed from a religious viewpoint.
(5) The board of a school district or intermediate school
district, board of directors of a public school academy, or
governing board of a state public university shall adopt and
implement a local policy regarding a limited public forum and
voluntary student expression of religious viewpoints.
(6) If a school district, intermediate school district, public
school academy, or state public university voluntarily adopts and
follows the model policy governing voluntary religious expression
in public schools and state public universities contained in this
subsection, the school district, intermediate school district,
public school academy, or state public university is considered to
be in compliance with the provisions of this section that are
covered by the model policy. The term "school district" in the
model policy may be revised to reflect usage by an intermediate
school district, public school academy, or state public university.
If a portion of the model policy is inappropriate for an
intermediate school district, public school academy, or state
public university, that portion may be revised as necessary. The
following is the model policy regarding a limited public forum and
voluntary student expression of religious viewpoints:
"ARTICLE I
STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
The school district will treat a student's voluntary
expression of a religious viewpoint, if any, on an otherwise
permissible subject in the same manner the school district treats a
student's voluntary expression of a secular or other viewpoint on
an otherwise permissible subject and may not discriminate against
the student based on a religious viewpoint expressed by the student
on an otherwise permissible subject.
ARTICLE II
STUDENT SPEAKERS AT NONGRADUATION EVENTS
The school district hereby creates a limited public forum for
student speakers at all school events at which a student is to
publicly speak. For each speaker, the school district will set a
maximum time limit reasonable and appropriate to the occasion.
Student speakers will introduce:
(a) Football games;
(b) Any other athletic events designated by the school
district;
(c) Opening announcements and greetings for the school day;
and
(d) Any additional events designated by the school district,
which may include, without limitation, assemblies and pep rallies.
The forum will be limited in the manner provided by this
article.
Only those students who are in the highest 2 grade levels of
the school and who hold 1 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 students
holding positions of honor as the school district may designate.
An eligible student will be notified of the student's
eligibility, and a student who wishes to participate as an
introducing speaker must submit the student's name to the student
council or other designated body during an announced period of not
less than 3 days. The announced period may be at the beginning of
the school year, at the end of the preceding school year so student
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 student
speakers must be randomly drawn until all names have been selected,
and the names will be listed in the order drawn. Each selected
student will be matched chronologically to the event for which the
student will be giving the introduction. Each student may speak for
1 week at a time for all introductions of events that week, or
rotate after each speaking event, or otherwise as determined by the
school district. The list of student speakers will be
chronologically repeated as needed, in the same order. The school
district may repeat the selection process each semester rather than
once a year.
The subject of the student 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, and a student must stay on the subject.
The school district will treat a student's voluntary
expression of a religious viewpoint, if any, on an otherwise
permissible subject in the same manner the school district treats a
student's voluntary expression of a secular or other viewpoint on
an otherwise permissible subject and may not discriminate against
the student based on a religious viewpoint expressed by the student
on an otherwise permissible subject.
If there is a need to dispel confusion over the nonsponsorship
of the student's speech at each event in which a student will
deliver an introduction, a disclaimer shall be stated in written or
oral form, or both, such as, "The student giving the introduction
for this event is a volunteering student selected on neutral
criteria to introduce the event. The content of the introduction is
the private expression of the student and does not reflect the
endorsement, sponsorship, position or expression of the school
district."
Certain students 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 students, irrespective
of grade level, address school audiences in the normal course of
their respective positions. The school district will create a
limited public forum for the speakers and must treat a student's
voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject in the same manner the district
treats a student's voluntary expression of a secular or other
viewpoint on an otherwise permissible subject and may not
discriminate against the student based on a religious viewpoint
expressed by the student on an otherwise permissible subject.
ARTICLE III
STUDENT SPEAKERS AT GRADUATION CEREMONIES
The school district hereby creates a limited public forum
consisting of an opportunity for a student to speak to begin
graduation ceremonies and another student to speak to end
graduation ceremonies. For each speaker, the school district will
set a maximum time limit reasonable and appropriate to the
occasion.
The forum will be limited in the manner provided by this
article.
Only students who are graduating and who hold 1 of the
following neutral criteria positions of honor will be eligible to
use the limited public forum: student council officers, class
officers of the graduating class, the top 3 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 students 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 students giving the opening and closing
remarks, certain other students 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 will set a
maximum time limit reasonable and appropriate to the occasion and
to the position held by the speaker. For this purpose, the school
district creates a limited public forum for these students 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 student's perspective on purpose, achievement, life, school,
graduation, and looking forward to the future.
The subject must be designated for each student speaker, and
the student must stay on the subject. The school district must
treat a student's voluntary expression of a religious viewpoint, if
any, on an otherwise permissible subject in the same manner the
school district treats a student's voluntary expression of a
secular or other viewpoint on an otherwise permissible subject and
may not discriminate against the student based on a religious
viewpoint expressed by the student on an otherwise permissible
subject.
A written disclaimer will be printed in the graduation program
that states: "The students who will be speaking at the graduation
ceremony were selected based on neutral criteria to deliver
messages of the students' 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 school board, or the school district's
administration, or employees of the school district, or the views
of any other graduate. The contents of these messages were prepared
by the student volunteers, and the school district refrained from
any interaction with student speakers regarding the student
speakers' viewpoints on permissible subjects."
ARTICLE IV
RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS
Students may express the students' beliefs about religion in
homework, artwork, and other written and oral assignments free from
discrimination based on the religious content of the students'
submission. Homework and classroom work will be judged by ordinary
academic standards of substance and relevance and against other
legitimate pedagogical concerns identified by the school. Students
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 (for example,
a psalm) should 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
Students 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 students are
permitted to organize other noncurricular student 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 student groups that meet for
nonreligious activities are permitted to advertise or announce the
groups' meetings, for example, by advertising in a student
newspaper, putting up posters, making announcements on a student
activities bulletin board or public address system, or handing out
leaflets, school authorities may 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.".
(7) This section does not authorize this state or any of its
political subdivisions or a state public university to do either of
the following:
(a) Require any person to participate in prayer or in any
other religious activity.
(b) Violate the constitutional rights of any person.
(8) This section does not limit the authority of any public
school or state public university to do any of the following:
(a) Maintain order and discipline on the campus of the public
school or state public university in a content and viewpoint
neutral manner.
(b) Protect the safety of students, employees, and visitors of
the public school or state public university.
(c) Adopt and enforce policies and procedures regarding
student speech at school if those policies and procedures do not
violate the rights of students as guaranteed by state and federal
constitution and law.
(9) This section applies beginning with the 2014-2015 school
year.
(10) As used in this section, "public school or state public
university" includes a public school's or state public university's
employees and individuals or entities under contract with the
governing body of the public school or state public university.