Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-107, to read:
START_STATUTE15-107. Rights of students at public
educational institutions; limitations; remedy; definition
A. A public
educational institution shall not discriminate against students or parents on
the basis of a religious viewpoint or on the basis of religious expression.
Each public educational institution shall permit religious viewpoints in the
same manner and to the same extent as secular viewpoints are permitted on the
same subject matter.
B. If an
assignment requires a student's viewpoint to be expressed in coursework, artwork
or other written or oral assignments, A public educational institution shall
not penalize or reward a student on the basis of religious content or a
religious viewpoint. In such an assignment, a student's academic work that
expresses a religious viewpoint shall be evaluated based on ordinary academic
standards of substance and relevance.
C. Students
in public educational institutions may pray or engage in religious activities
or religious expression before, during and after the school day in the same
manner and to the same extent that students may engage in nonreligious
activities or expression.
D. Students
in public educational institutions may wear clothing, accessories and jewelry
that display religious messages or religious symbols in the same manner and to
the same extent that other types of clothing, accessories and jewelry that
display messages or symbols are permitted.
E. This
section shall not be construed to authorize this state or any of its political
subdivisions to do either of the following:
1. Require
any person to participate in prayer or in any other religious activity.
2. Violate
the constitutional rights of any person.
F. This
section shall not be construed to limit the authority of any public educational
institution or any employee, officer or agent of a public educational
institution to accomplish either of the following:
1. Maintain
order and discipline on the campus of the public educational institution in a
content-neutral manner and a viewpoint-neutral manner.
2. Protect the
safety of students and faculty of the public educational institution.
G. A parent
or guardian may bring a civil action in any court of competent jurisdiction to
enforce this section. If the parent or guardian is the prevailing party, The
court shall award the parent or guardian actual and compensatory damages, costs
and reasonable attorney fees in any action brought pursuant to this section.
The court shall not award punitive or consequential damages in any action
brought pursuant to this section.
H. Every public educational institution shall
adopt and implement a policy regarding voluntary expression of religious
viewpoints by students, including the public educational institution's plan to
comply with this section and section 15-720.
I. For the
purposes of this section, "public educational institution" means any
of the following:
1. A school district, including its employees, officers or agents.
2. A school
in a school district, including its employees, officers or agents.
3. A charter school, including its employees, officers or agents.
4. An accommodation school, including its employees, officers or agents.
5. The
arizona schools for the deaf and the blind, including its employees, officers
or agents. END_STATUTE
Sec. 2. Severability
If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions
or applications of the act that can be given effect without the invalid provision
or application, and to this end the provisions of this act are severable.
Sec. 3. Short title
This act may be cited as the "Students' Religious
Liberties Act".
