Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. SB 436
       
       
       
       
       
       
                                Ì7921565Î792156                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             05/04/2017 10:24 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Baxley moved the following:
       
    1         Senate Amendment to House Amendment (471677) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 58
    5  and insert:
    6         Section 1. Religious expression in public schools.—
    7         (1)This section may be cited as the “Florida Student and
    8  School Personnel Religious Liberties Act.”
    9         (2)A school district may not discriminate against a
   10  student, parent, or school personnel on the basis of a religious
   11  viewpoint or religious expression. A school district shall treat
   12  a student’s voluntary expression of a religious viewpoint on an
   13  otherwise permissible subject in the same manner that the school
   14  district treats a student’s voluntary expression of a secular
   15  viewpoint.
   16         (3)(a)A student may express his or her religious beliefs
   17  in coursework, artwork, and other written and oral assignments
   18  free from discrimination. A student’s homework and classroom
   19  assignments shall be evaluated, regardless of their religious
   20  content, based on expected academic standards relating to the
   21  course curriculum and requirements. A student may not be
   22  penalized or rewarded based on the religious content of his or
   23  her work if the coursework, artwork, or other written or oral
   24  assignments require a student’s viewpoint to be expressed.
   25         (b)A student may wear clothing, accessories, and jewelry
   26  that display a religious message or symbol in the same manner
   27  and to the same extent that secular types of clothing,
   28  accessories, and jewelry that display messages or symbols are
   29  permitted to be worn.
   30         (4)(a)A student may pray or engage in religious activities
   31  or religious expression before, during, and after the school day
   32  in the same manner and to the same extent that a student may
   33  engage in secular activities or expression. A student may
   34  organize prayer groups, religious clubs, and other religious
   35  gatherings before, during, and after the school day in the same
   36  manner and to the same extent that a student is permitted to
   37  organize secular activities and groups.
   38         (b)1.A school district may not prevent school personnel
   39  from participating in religious activities on school grounds
   40  that are initiated by students at reasonable times before or
   41  after the school day if such activities are voluntary and do not
   42  conflict with the responsibilities or assignments of such
   43  personnel.
   44         2.A school district shall comply with the federal
   45  requirements in Title VII of the Civil Rights Act of 1964, which
   46  prohibits an employer from discriminating against an employee on
   47  the basis of religion.
   48         (c)A school district shall give a religious group access
   49  to the same school facilities for assembling as given to secular
   50  groups without discrimination based on the religious content of
   51  the group’s expression. A group that meets for prayer or other
   52  religious speech may advertise or announce its meetings in the
   53  same manner and to the same extent that a secular group may
   54  advertise or announce its meetings.
   55         (5)(a)A school district shall adopt a policy that
   56  establishes a limited public forum for student speakers at any
   57  school event at which a student is to speak publicly. The
   58  limited public forum policy shall require the school district
   59  to:
   60         1.Provide the forum in a manner that does not discriminate
   61  against a student’s voluntary expression of a religious
   62  viewpoint on an otherwise permissible subject;
   63         2.Provide a method based on neutral criteria for the
   64  selection of student speakers at school events, activities, and
   65  graduation ceremonies;
   66         3.Ensure that a student speaker does not engage in
   67  obscene, vulgar, offensively lewd, or indecent speech; and
   68         4.State in written or oral form that the student’s speech
   69  does not reflect the endorsement, sponsorship, position, or
   70  expression of the school district.
   71         (b)The school district shall deliver the disclaimer
   72  required in subparagraph (a)4. at all graduation events and any
   73  other event at which a student speaks publicly.
   74         (c)Student expression of a religious viewpoint on an
   75  otherwise permissible subject may not be excluded from the
   76  limited public forum.
   77         (6)The Department of Education shall develop a model
   78  policy regarding a limited public forum and voluntary expression
   79  of religious viewpoints by students and school personnel in
   80  public schools pursuant to this section. The department shall
   81  publish the model policy on its website. Each district school
   82  board shall adopt and implement the department’s model policy.
   83         Section 2. This act shall take effect July 1, 2017.
   84  
   85  ================= T I T L E  A M E N D M E N T ================
   86  And the title is amended as follows:
   87         Delete lines 64 - 84
   88  and insert:
   89         An act relating to religious expression in public
   90         schools; providing a short title; prohibiting a school
   91         district from discriminating against students,
   92         parents, or school personnel on the basis of religious
   93         viewpoints or expression; prohibiting penalty or
   94         reward for a student’s religious expression in
   95         coursework, artwork, or other specified assignments;
   96         authorizing a student to wear clothing, accessories,
   97         and jewelry displaying religious messages or symbols;
   98         authorizing a student to pray or engage in religious
   99         activities or expression; authorizing a student to
  100         organize prayer groups, religious clubs, and other
  101         religious gatherings; prohibiting a school district
  102         from preventing school personnel from participating in
  103         voluntary, student-initiated religious activities on
  104         school grounds under specified circumstances;
  105         requiring a school district to comply with the federal
  106         requirements in Title VII of the Civil Rights Act of
  107         1964; requiring that a school district provide
  108         religious groups with equal access to school
  109         facilities; authorizing religious groups to advertise
  110         or announce meetings in the same manner and to the
  111         same extent as secular groups; requiring that a school
  112         district adopt a limited public forum policy and
  113         deliver a disclaimer at school events; requiring that
  114         the Department of Education develop and publish a
  115         model policy regarding a limited public forum and
  116         religious expression; requiring that each district
  117         school board adopt and implement such model policy;
  118         providing an effective date.