Bill Text: NY A06228 | 2023-2024 | General Assembly | Introduced


Bill Title: Enacts the "New York student religious liberties act" providing for voluntary student expression of religious viewpoints in public schools, allowing religious expression in class assignments and allowing students the freedom to organize religious groups and activities, and requiring public school districts to provide a limited public forum for student speakers at non-graduation and graduation events.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A06228 Detail]

Download: New_York-2023-A06228-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6228

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Governmental Operations

        AN  ACT  to amend the civil rights law, in relation to enacting the "New
          York student religious liberties act" providing for voluntary  student
          expression  of  religious viewpoints in public schools, allowing reli-
          gious expression in class assignments and allowing students the  free-
          dom  to organize religious groups and activities, and requiring public
          school districts to provide a limited public forum for student  speak-
          ers at non-graduation and graduation events

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  Student Religious Liberties Act".
     3    §  2.  The civil rights law is amended by adding a new section 79-r to
     4  read as follows:
     5    § 79-r. Religious liberties. 1. Student expression.  A  public  school
     6  district shall not discriminate against students or parents on the basis
     7  of  a  religious  viewpoint  or  religious expression. A school district
     8  shall treat a student's voluntary expression of a  religious  viewpoint,
     9  if  any,  on  an  otherwise  permissible  subject in the same manner the
    10  district treats a student's voluntary expression of a secular  or  other
    11  viewpoint  on  an otherwise permissible subject and may not discriminate
    12  against the student based on a  religious  viewpoint  expressed  by  the
    13  student on an otherwise permissible subject.
    14    2.  Religious  expression  in  class assignments. Students may express
    15  their beliefs about religion in homework, artwork, and other written and
    16  oral assignments free from discrimination based on the religious content
    17  of their submissions.  Homework and classroom assignments must be judged
    18  by ordinary academic standards of substance and  relevance  and  against
    19  other legitimate pedagogical concerns identified by the school district.
    20  Students  may  not  be penalized or rewarded on account of the religious

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07583-01-3

        A. 6228                             2

     1  content of their work. If an assignment requires a  student's  viewpoint
     2  to  be expressed in coursework, artwork or other written or oral assign-
     3  ments, a public school shall not penalize or reward  a  student  on  the
     4  basis of religious content or a religious viewpoint.  In such an assign-
     5  ment,  a  student's  academic  work that expresses a religious viewpoint
     6  shall be evaluated based on ordinary academic standards of substance and
     7  relevance to the course curriculum or requirements of the coursework  or
     8  assignment.
     9    3.  Freedom  to organize religious groups and activities.  a. Students
    10  in public schools may pray or engage in religious  activities  or  reli-
    11  gious  expression  before,  during  and after the school day in the same
    12  manner and to the same extent that students may engage  in  nonreligious
    13  activities or expression. Students may organize prayer groups, religious
    14  clubs,  "see  you at the pole" gatherings, or other religious gatherings
    15  before, during and after school to the same  extent  that  students  are
    16  permitted  to  organize  other  non-curricular  student  activities  and
    17  groups. Religious groups must be given the same access to school facili-
    18  ties for assembling as is given to other non-curricular  groups  without
    19  discrimination based on the religious content of the group's expression.
    20  If student groups that meet for nonreligious activities are permitted to
    21  advertise  or  announce  meetings of the groups, the school district may
    22  not discriminate against groups that meet for prayer or other  religious
    23  speech.  A school district may disclaim school sponsorship of non-curri-
    24  cular groups and events in a manner that neither  favors  nor  disfavors
    25  groups that meet to engage in prayer or religious speech.
    26    b.  Students  in  public  schools  may  wear clothing, accessories and
    27  jewelry that display religious messages or religious symbols in the same
    28  manner and to the same extent that other types of clothing,  accessories
    29  and jewelry that display messages or symbols are permitted.
    30    4. Limited public forum; school district policy. a. To ensure that the
    31  school district does not discriminate against a student's publicly stat-
    32  ed  voluntary expression of a religious viewpoint, if any, and to elimi-
    33  nate any actual or perceived affirmative school  sponsorship  or  attri-
    34  bution  to  the  district  of  a  student's  expression  of  a religious
    35  viewpoint, if any, a school district shall adopt a  policy,  which  must
    36  include the establishment of a limited public forum for student speakers
    37  at all school events at which a student is to publicly speak. The policy
    38  regarding the limited public forum must also require the school district
    39  to:
    40    (1) Provide the forum in a manner that does not discriminate against a
    41  student's  voluntary  expression of a religious viewpoint, if any, on an
    42  otherwise permissible subject;
    43    (2) Provide a method, based on neutral criteria, for the selection  of
    44  student speakers at school events and graduation ceremonies;
    45    (3)  Ensure that a student speaker does not engage in obscene, vulgar,
    46  offensively lewd or indecent speech; and
    47    (4) State, in writing, orally, or both, that the student's speech does
    48  not reflect the endorsement, sponsorship, position or expression of  the
    49  district.
    50    b.  The  school  district  disclaimer required by subparagraph four of
    51  paragraph a of this subdivision must be provided at all graduation cere-
    52  monies. The school district shall continue to provide the disclaimer  at
    53  any other event in which a student speaks publicly for as long as a need
    54  exists  to  dispel  confusion over the district's non-sponsorship of the
    55  student's speech.

        A. 6228                             3

     1    c. Student expression on an otherwise permissible subject may  not  be
     2  excluded  from the limited public forum because the subject is expressed
     3  from a religious viewpoint.
     4    d.  All  school  districts  shall  adopt  and implement a local policy
     5  regarding a limited public forum and  voluntary  student  expression  of
     6  religious  viewpoints.    If  a  school  district voluntarily adopts and
     7  follows the model policy governing  voluntary  religious  expression  in
     8  public  schools  as  provided  by  subdivision five of this section, the
     9  district is in compliance with the provisions of this act covered by the
    10  model policy.
    11    e. Model policy governing voluntary  religious  expression  in  public
    12  schools. In this section, "model policy" means a local policy adopted by
    13  the  school  district that is substantially similar to the provisions of
    14  subdivisions five, six, seven, eight, and nine of this section.
    15    5. Student expression of religious  viewpoints.  The  school  district
    16  shall  treat  a student's voluntary expression of a religious viewpoint,
    17  if any, on an otherwise permissible  subject  in  the  same  manner  the
    18  district  treats  a student's voluntary expression of a secular or other
    19  viewpoint on an otherwise permissible subject and may  not  discriminate
    20  against  the  student  based  on  a religious viewpoint expressed by the
    21  student on an otherwise permissible subject.
    22    6. Student speakers at non-graduation events. a. The  school  district
    23  hereby creates a limited public forum for student speakers at all school
    24  events  at  which  a student is to publicly speak. For each speaker, the
    25  district shall set a maximum time limit reasonable  and  appropriate  to
    26  the occasion. Student speakers shall introduce:
    27    (1) Football games;
    28    (2) Any other athletic events designated by the district;
    29    (3) Opening announcements and greetings for the school day; and
    30    (4) Any additional events designated by the school district, which may
    31  include, without limitation, assemblies and pep rallies.
    32    b.  Only  those students in the highest two grade levels of the school
    33  and who hold one of the following positions of honor  based  on  neutral
    34  criteria  are  eligible to use the limited public forum: student council
    35  officers, class officers of the  highest  grade  level  in  the  school,
    36  captains  of  the football team, and other students holding positions of
    37  honor as the school district may designate.
    38    c. An eligible student shall be notified of the student's eligibility,
    39  and a student who wishes to participate as an introducing speaker  shall
    40  submit  the  student's  name  to the student council or other designated
    41  body during an announced  period  of  not  less  than  three  days.  The
    42  announced  period may be at the beginning of the school year, at the end
    43  of the preceding school year so student speakers are in  place  for  the
    44  new  year,  or, if the selection process will be repeated each semester,
    45  at the beginning of each semester or at the end of the preceding  semes-
    46  ter  so  speakers  are in place for the next semester.  The names of the
    47  volunteering student speakers shall be randomly drawn  until  all  names
    48  have  been  selected,  and the names shall be listed in the order drawn.
    49  Each selected student will be matched chronologically to the  event  for
    50  which  the  student  will  be  giving the introduction. Each student may
    51  speak for one week at a time for all introductions of events that  week,
    52  or  rotate  after each speaking event, or otherwise as determined by the
    53  district. The list of student speakers shall be chronologically repeated
    54  as needed, in the same order. The  district  may  repeat  the  selection
    55  process each semester rather than once a year.

        A. 6228                             4

     1    d.  The  subject  of  the student introductions must be related to the
     2  purpose of the event and to the purpose of marking the  opening  of  the
     3  event, honoring the occasion, the participants, and those in attendance,
     4  bringing the audience to order, and focusing the audience on the purpose
     5  of the event. The subject must be designated, a student must stay on the
     6  subject,  and the student may not engage in obscene, vulgar, offensively
     7  lewd or indecent speech. The school district  shall  treat  a  student's
     8  voluntary  expression  of a religious viewpoint, if any, on an otherwise
     9  permissible subject in the same manner the district treats  a  student's
    10  voluntary  expression  of  a  secular or other viewpoint on an otherwise
    11  permissible subject and may not discriminate against the  student  based
    12  on  a  religious  viewpoint  expressed  by  the  student on an otherwise
    13  permissible subject.
    14    e. For as long as there is a need to dispel confusion  over  the  non-
    15  sponsorship  of  the  student's  speech at each event in which a student
    16  will deliver an introduction, a disclaimer shall be stated in written or
    17  oral form, or both, such as, "The student giving  the  introduction  for
    18  this  event  is  a  volunteering student selected on neutral criteria to
    19  introduce the event. The content of  the  introduction  is  the  private
    20  expression of the student and does not reflect the endorsement, sponsor-
    21  ship, position or expression of the school district."
    22    f.  Certain  students  who have attained special positions of honor in
    23  the school have traditionally addressed school audiences  from  time  to
    24  time  as  a  tangential  component of their achieved positions of honor,
    25  such as the captains of various sports teams, student council  officers,
    26  class  officers, homecoming kings and queens, prom kings and queens, and
    27  the like, and have attained their positions based on  neutral  criteria.
    28  Nothing  in  this  subdivision  shall  eliminate the continuation of the
    29  practice of having these students, irrespective of grade level,  address
    30  school audiences in the normal course of their respective positions. The
    31  school district shall create a limited public forum for the speakers and
    32  shall  treat  a student's voluntary expression of a religious viewpoint,
    33  if any, on an otherwise permissible  subject  in  the  same  manner  the
    34  district  treats  a student's voluntary expression of a secular or other
    35  viewpoint on an otherwise permissible subject and may  not  discriminate
    36  against  the  student  based  on  a religious viewpoint expressed by the
    37  student on an otherwise permissible subject.
    38    7. Student speakers at graduation ceremonies. a. The  school  district
    39  hereby creates a limited public forum consisting of an opportunity for a
    40  student  to  speak to begin graduation ceremonies and another student to
    41  speak to end graduation ceremonies. For each speaker, the district shall
    42  set a maximum time limit reasonable and appropriate to the occasion.
    43    b. Only students who are graduating and who hold one of the  following
    44  neutral criteria positions of honor shall be eligible to use the limited
    45  public  forum:  student council officers, class officers of the graduat-
    46  ing class, the top three academically ranked graduates, or a shorter  or
    47  longer  list  of student leaders as the school district may designate. A
    48  student who will otherwise have a speaking role in the graduation  cere-
    49  monies  is ineligible to give the opening and closing remarks. The names
    50  of the eligible volunteering students will be randomly drawn. The  first
    51  name drawn will give the opening and the second name drawn will give the
    52  closing.
    53    c. The topic of the opening and closing remarks must be related to the
    54  purpose  of  the  graduation  ceremony and to the purpose of marking the
    55  opening and closing of the event, honoring  the  occasion,  the  partic-

        A. 6228                             5

     1  ipants,  and  those  in  attendance, bringing the audience to order, and
     2  focusing the audience on the purpose of the event.
     3    d. In addition to the students giving the opening and closing remarks,
     4  certain  other  students  who  have  attained special positions of honor
     5  based on neutral criteria, including, without limitation, the valedicto-
     6  rian, will have speaking roles  at  graduation  ceremonies.    For  each
     7  speaker,  the  school district shall set a maximum time limit reasonable
     8  and appropriate to the occasion and to the position held by the speaker.
     9  For this purpose, the district creates a limited public forum for  these
    10  students  to deliver the addresses. The subject of the addresses must be
    11  related to the purpose of the graduation ceremony, marking and  honoring
    12  the occasion, honoring the participants and those in attendance, and the
    13  student's perspective on purpose, achievement, life, school, graduation,
    14  and looking forward to the future.
    15    e.  The  subject  must  be  designated  for  each student speaker, the
    16  student must stay on the subject, and the  student  may  not  engage  in
    17  obscene,  vulgar,  offensively  lewd  or  indecent  speech.  The  school
    18  district shall treat a student's voluntary  expression  of  a  religious
    19  viewpoint,  if  any,  on  an  otherwise  permissible subject in the same
    20  manner the district treats a student's voluntary expression of a secular
    21  or other viewpoint on an  otherwise  permissible  subject  and  may  not
    22  discriminate   against  the  student  based  on  a  religious  viewpoint
    23  expressed by the student on an otherwise permissible subject.
    24    f. A written disclaimer shall be printed  in  the  graduation  program
    25  that  states, "The students who will be speaking at the graduation cere-
    26  mony were selected based on neutral criteria to deliver messages of  the
    27  students'  own choices. The content of each student speaker's message is
    28  the private expression of the individual student and  does  not  reflect
    29  any  position or expression of the school district or the board of trus-
    30  tees, or the district's administration, or employees of the district, or
    31  the views of any other graduate. The contents  of  these  messages  were
    32  prepared  by the student volunteers, and the district refrained from any
    33  interaction with student speakers regarding the student speakers'  view-
    34  points on permissible subjects."
    35    8. Religious expression in class assignments. Students may express the
    36  students' beliefs about religion in homework, artwork, and other written
    37  and  oral  assignments  free  from discrimination based on the religious
    38  content of the students' submission. Homework and classroom  work  shall
    39  be  judged by ordinary academic standards of substance and relevance and
    40  against other legitimate pedagogical concerns identified by the  school.
    41  Students  may  not  be  penalized  or  rewarded  on account of religious
    42  content. If a teacher's assignment involves writing a poem, the work  of
    43  a  student  who  submits  a poem in the form of a prayer (for example, a
    44  psalm) should be judged on the basis of  academic  standards,  including
    45  literary  quality, and not penalized or rewarded on account of its reli-
    46  gious content.
    47    9. Freedom to organize religious groups and activities.  Students  may
    48  organize  prayer  groups,  religious  clubs, "see you at the pole" gath-
    49  erings, and other religious gatherings before, during and  after  school
    50  to the same extent that students are permitted to organize other noncur-
    51  ricular  student  activities  and groups. Religious groups must be given
    52  the same access to school facilities for assembling as is given to other
    53  non-curricular groups, without discrimination  based  on  the  religious
    54  content  of  the  group's  expression.  If  student groups that meet for
    55  nonreligious activities are  permitted  to  advertise  or  announce  the
    56  groups'  meetings,  for  example, by advertising in a student newspaper,

        A. 6228                             6

     1  putting up posters, making announcements on a student activities  bulle-
     2  tin  board  or  public  address  system, or handing out leaflets, school
     3  authorities may not discriminate against groups that meet for prayer  or
     4  other  religious  speech. School authorities may disclaim sponsorship of
     5  non-curricular groups and events, provided they administer the disclaim-
     6  er in a manner that does not favor  or  disfavor  groups  that  meet  to
     7  engage in prayer or other religious speech.
     8    10.  Limitations.  a.  Nothing  in  this section shall be construed to
     9  authorize this state or any of its political subdivisions to:
    10    (1) require any person to participate in prayer or in any other  reli-
    11  gious activity; or
    12    (2) violate the constitutional rights of any person.
    13    b.  The provisions of this section shall not be construed to limit the
    14  authority of any public school to:
    15    (1) maintain order and discipline on the campus of the  public  school
    16  in a content and viewpoint neutral manner;
    17    (2)  protect  the  safety  of  students, employees and visitors of the
    18  public school; or
    19    (3) adopt and enforce policies and procedures regarding student speech
    20  at school provided that the policies and procedures do not  violate  the
    21  rights  of  students  as  guaranteed  by  the United States and New York
    22  constitutions and laws.
    23    § 3. This act shall take effect immediately.
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