Senate Bill No. 576
(By Senator Boley)
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[Introduced March 13, 2009; referred to the Committee on
Education; and then to the Committee on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §18-5B-1, §18-5B-2,
§18-5B-3, §18-5B-4, §18-5B-5, §18-5B-6, §18-5B-7 and §18-5B-8,
all relating to voluntary student expression of religious
viewpoints in public schools.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18-5B-1, §18-5B-2,
§18-5B-3, §18-5B-4, §18-5B-5, §18-5B-6, §18-5B-7 and §18-5B-8, all
to read as follows:
ARTICLE 5B. RELIGIOUS VIEWPOINTS ANTI-DISCRIMINATION ACT.
§18-5B-1. Religious viewpoints anti-discrimination act.
This article may be cited as the "Religious Viewpoints
Anti-discrimination Act."
§18-5B-2. Student expression.
A county board of education shall treat a student's voluntary
expression of a religious viewpoint, if any, on an otherwise
permissible subject in the same manner the board 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.
§18-5B-3. Limited public forum; district policy.
(a) To ensure that the county board of education 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 board of a student's expression of a religious viewpoint, if
any, a county board of education 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 county board of education 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 board.
(b) The county board of education disclaimer required by
subsection (a)(4) must be provided at all graduation ceremonies.
The county board of education 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 board'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.
§18-5B-4. 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 county board of
education. Students may not be penalized or rewarded on account of
the religious content of their work.
§18-5B-5. 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 county board of education may not discriminate against
groups that meet for prayer or other religious speech. A county
board of education 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.
§18-5B-6. Adoption of policy.
Each county board of education shall propose rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code regarding a limited public forum and
voluntary student expression of religious viewpoints. If a county
board of education voluntarily adopts and follows the model policy
governing voluntary religious expression in public schools as
provided by section fifty-four, article five, chapter eighteen of
this code, the board is in compliance with this section covered by
the model policy.
§18-5B-7. Model policy governing voluntary religious expression
in public schools.
In this section, "model policy" means a local policy adopted
by the county board of education that is substantially identical to
the following:
ARTICLE I. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS.
The county board of education shall treat a student's
voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject in the same manner the board 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 county board of education 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 board 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 board;
(3) Opening announcements and greetings for the school day;
and
(4) Any additional events designated by the board, 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 county board of education 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 board. The list of student speakers
shall be chronologically repeated as needed, in the same order.
The board 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 county board of education shall treat a student's
voluntary expression of a religious viewpoint, if any, on an
otherwise permissible subject in the same manner the board 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 county board of education."
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 county board of education 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 board
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 county board of education 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 board 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
county board of education 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 county board of education shall
set a maximum time limit reasonable and appropriate to the occasion
and to the position held by the speaker. For this purpose, the
board 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 county
board of education shall treat a student's voluntary expression of
a religious viewpoint, if any, on an otherwise permissible subject
in the same manner the board 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 county board of education or the board's administration, or
employees of the board, or the views of any other graduate. The
contents of these messages were prepared by the student volunteers,
and the board 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.
§18-5B-8. Effective date of article.
This article applies beginning with the 2009-2010 school year.
NOTE: This bill facilitates voluntary student expression of
religious viewpoints in public schools.
This article is new; therefore, strike-throughs and
underscoring have been omitted.