H.B. No. 3678

	AN ACT
	relating to voluntary student expression of religious viewpoints in
	public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the "Religious
	Viewpoints Antidiscrimination Act" or the "Schoolchildren's
	Religious Liberties Act."
	SECTION 2.  Chapter 25, Education Code, is amended by adding
	Subchapter E to read as follows:
	SUBCHAPTER E.  STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
	Sec. 25.151.  STUDENT EXPRESSION. A school district shall
	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.
	Sec. 25.152.  LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY.
	(a)   To ensure that the school district 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
	district of a student's expression of a religious viewpoint, if
	any, a school district shall adopt a policy, which must include the
	establishment of a limited public forum for student speakers at all
	school events at which a student is to publicly speak. 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 student'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 student speakers at school events and graduation
	ceremonies;
	(3)  ensure that a student speaker does not engage in
	obscene, vulgar, offensively lewd, or indecent speech; and
	(4)  state, in writing, orally, or both, that the
	student's speech does not reflect the endorsement, sponsorship,
	position, or expression of the district.
	(b)  The school district disclaimer required by Subsection
	(a)(4) must be provided at all graduation ceremonies.  The school
	district must also continue to provide the disclaimer at any other
	event in which a student speaks publicly for as long as a need
	exists to dispel confusion over the district's nonsponsorship of
	the student's speech.
	(c)  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.
	Sec. 25.153.  RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS.
	Students 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 must be judged by ordinary
	academic standards of substance and relevance and against other
	legitimate pedagogical concerns identified by the school district.
	Students may not be penalized or rewarded on account of the
	religious content of their work.
	Sec. 25.154.  FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND
	ACTIVITIES.  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. 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
	students' expression. If student groups that meet for nonreligious
	activities are permitted to advertise or announce meetings of the
	groups, the school district may 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. 25.155.  ADOPTION OF POLICY.  A school district shall
	adopt and implement a local policy regarding a limited public forum
	and voluntary student expression of religious viewpoints.  If a
	school district voluntarily adopts and follows the model policy
	governing voluntary religious expression in public schools as
	provided by Section 25.156, the district is in compliance with the
	provisions of this subchapter covered by the model policy.
	Sec. 25.156.  MODEL POLICY GOVERNING VOLUNTARY RELIGIOUS
	EXPRESSION IN PUBLIC SCHOOLS.  In this section, "model policy"
	means a local policy adopted by the school district that is
	substantially identical to the following:
	ARTICLE I
	STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
	The school district shall 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 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 district shall set a maximum
	time limit reasonable and appropriate to the occasion. Student
	speakers shall introduce:
	(1)  football games;
	(2)  any other athletic events designated by the
	district;
	(3)  opening announcements and greetings for the school
	day; and
	(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 students 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 students
	holding positions of honor as the school district may designate.
	An eligible student shall be notified of the student's
	eligibility, and a student who wishes to participate as an
	introducing speaker shall submit the student'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
	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 shall be randomly drawn until all names have been
	selected, and the names shall 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 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 student 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 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, a student must stay on the subject, and the student may
	not engage in obscene, vulgar, offensively lewd, or indecent
	speech.  The school district shall 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.
	For as long as 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 shall create a
	limited public forum for the speakers and shall 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 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 students 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 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 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 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, the
	student must stay on the subject, and the student may not engage in
	obscene, vulgar, offensively lewd, or indecent speech.  The school
	district shall 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.
	A written disclaimer shall 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 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
	student volunteers, and the 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 shall 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.
	SECTION 3.  This Act applies beginning with the 2007-2008
	school year.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3678 was passed by the House on May 1,
	2007, by the following vote:  Yeas 121, Nays 10, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3678 on May 26, 2007, by the following vote:  Yeas 108, Nays 28,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3678 was passed by the Senate, with
	amendments, on May 23, 2007, by the following vote:  Yeas 27, Nays
	3.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor