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HB 0861 - Attempt to clarify student religious liberties

Tracking Level: Monitor
Sponsor: Dustin Hightower
Last Action: 1/31/2014 - House Second Readers
House Committee: Judy
Assigned To:
GovernanceNext Bill
Student MattersNext Bill

Staff Analysis of the Legislation

 

This bill incorporates Representative Kirby’s HB 733 with the same title, and it includes many of the same ideas and statements of Senator McCoon’s SB 289 bill regarding student speech at assemblies. It differs in that it requires LBOE’s to adopt and implement a local policy, and that system would be in compliance if it adopts the detailed model policy spelled out in the bill itself instead of charging the DOE with composing a model policy.

Because this bill seems to be the one that is moving in the House, a full summary is included below:

This bill would amend Chapter 2 of Title 20 of the O.C.G.A. as the “Georgia Student Religious Liberties Act of 2014.” It adds a new Article that prohibits discrimination against students or parents on the basis of religious viewport or expression and allows expression of religious beliefs in coursework, artwork and other written and oral assignments. Those activities would have to be judged by normal academic standards without penalty.

 It would allow students to pray or engage in religious activities or expression before, during or after the school day. They would be able to organize prayer groups/clubs just as other extra-curricular activities are organized with rights of advertisement, though a local system could disclaim school sponsorship of extra-curricular groups as long as it neither favors nor disfavors the group.  Students would be allowed to wear religious clothing or jewelry that fall within parameters of other allowed clothing.

It would require a LBOE policy allowing the establishment of a limited public forum for student speakers at all school events in which students are allowed to speak. The policy would have to include:

1. Provision of the forum without discrimination against a student’s expression of religious beliefs;

2. Provision of a method of neutral criteria to select student speakers at non-graduation events and graduation ceremonies;

3. Prohibition of obscene, vulgar, offensively lewd or indecent speech;

4. Statement that the student’s speech does not reflect endorsement, sponsorship or position of the school system, provided at all graduation ceremonies and other public forums until it is a matter of common knowledge.

If the policy that is adopted matches the model policy outlined in section 20-2-94 as proposed in this bill, it would be deemed to be in compliance. The model policy would include a maximum time limit reasonable and appropriate to the occasion where student speakers would introduce:

a. Football games;

b. Any other athletic events;

c. Opening announcements each day;

d. Any additional events as designated by the LBOE such as assemblies and pep rallies.

Only juniors and seniors (or highest 2 grade levels) who hold the following positions are eligible to use the public forums:

1. Student council officers;

2. Class officers of the highest grade level;

3. Captains of the football team;

4. Other positions of honor as designated by the LEA.

Eligible students would have to be notified of their eligibility, and they would have to submit his/her name to the student council or other designated body during an announced period of 3 days at the beginning of the year, at the end of the year for the next year, or at the beginning or ending of a semester. The names of interested students would be randomly drawn to establish a priority list. Names on the list would be matched chronologically to events. It could be a week at a time or event by event or in some other arrangement as determined locally. The introductions would have to be related to

1. The purpose of the event;

2. Honoring the occasion, the participants, and those in attendance;

3. Bringing the audience to order;

4. Focusing the audience on the purpose of the event.

The bill would require a student to speak to begin graduation ceremonies and another to end ceremonies, but could not include students who have other speaking responsibilities in the ceremony. Speakers would be limited to graduating student who hold positions of honor:

1. Student council officers;

2. Class officers of the graduating class;

3. The top 3 academically ranked students; or

4. Others as designated by the LEA.

All outlined regulations in the bill would have to be followed concerning the delivers of the speeches.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text