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          House Engrossed
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  State of Arizona
  House of Representatives
  Forty-ninth Legislature
  First Regular Session
  2009
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        CHAPTER 88
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     HOUSE BILL 2357
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AN ACT

AMENDING TITLE 15, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES; BY ADDING SECTION 15-110; RELATING TO RELIGIOUS LIBERTIES IN PUBLIC EDUCATION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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 15-110, to read:

15-110. Rights of students at public educational institutions; limitations; definition

A. A PUBLIC EDUCATIONAL INSTITUTION SHALL NOT DISCRIMINATE AGAINST STUDENTS OR PARENTS ON THE BASIS OF A RELIGIOUS VIEWPOINT OR RELIGIOUS EXPRESSION.

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 TO THE COURSE CURRICULUM OR REQUIREMENTS OF THE COURSEWORK OR ASSIGNMENT.

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 TO DO ANY OF THE FOLLOWING:

1. MAINTAIN ORDER AND DISCIPLINE ON THE CAMPUS OF THE PUBLIC EDUCATIONAL INSTITUTION IN A CONTENT AND VIEWPOINT NEUTRAL MANNER.

2. PROTECT THE SAFETY OF STUDENTS, EMPLOYEES AND VISITORS OF THE PUBLIC EDUCATIONAL INSTITUTION.

3. ADOPT AND ENFORCE POLICIES AND PROCEDURES REGARDING STUDENT SPEECH AT SCHOOL PROVIDED THAT THE POLICIES AND PROCEDURES DO NOT VIOLATE THE RIGHTS OF STUDENTS AS GUARANTEED BY THE UNITED STATES AND ARIZONA CONSTITUTIONS AND LAWS.

4. ADOPT AND ENFORCE POLICIES AND PROCEDURES THAT PROHIBIT STUDENTS FROM WEARING ANY TYPE OF CLOTHING, ACCESSORIES AND JEWELRY THAT IS WORN WITH THE INTENT TO CONVEY AFFILIATION WITH A CRIMINAL STREET GANG AS DEFINED IN SECTION 13-105.

G. A STUDENT OR A STUDENT'S PARENT SHALL NOT INITIATE LEGAL ACTION TO ENFORCE THIS SECTION UNLESS THE STUDENT OR THE STUDENT'S PARENT HAS DONE THE FOLLOWING:

1. THE STUDENT OR THE STUDENT'S PARENT SHALL SUBMIT A COMPLAINT IN WRITING WITH THE SPECIFIC FACTS OF THE ALLEGED VIOLATION TO THE PRINCIPAL OF THE SCHOOL. THE PRINCIPAL SHALL INVESTIGATE THE COMPLAINT AND RESPOND IN WRITING, INCLUDING A DESCRIPTION OF ANY ACTION TAKEN TO RESOLVE THE COMPLAINT, WITHIN FIFTEEN DAYS OF RECEIVING THE WRITTEN COMPLAINT.

2. IF THE ACTION TAKEN BY THE PRINCIPAL OF THE SCHOOL DOES NOT RESOLVE THE COMPLAINT OF THE STUDENT OR THE STUDENT'S PARENT, THE STUDENT OR THE STUDENT'S PARENT SHALL SUBMIT A COMPLAINT IN WRITING WITH THE SPECIFIC FACTS OF THE ALLEGED VIOLATION TO THE SUPERINTENDENT OR DESIGNATED ADMINISTRATOR. THE SUPERINTENDENT OR DESIGNATED ADMINISTRATOR SHALL INVESTIGATE THE COMPLAINT AND RESPOND IN WRITING, INCLUDING A DESCRIPTION OF ANY ACTION TAKEN TO RESOLVE THE COMPLAINT, WITHIN TWENTY-FIVE DAYS OF RECEIVING THE WRITTEN COMPLAINT.

3. IF THE ACTION TAKEN BY THE SUPERINTENDENT OR DESIGNATED ADMINISTRATOR DOES NOT RESOLVE THE COMPLAINT OF THE STUDENT OR THE STUDENT'S PARENT, THE STUDENT OR THE STUDENT'S PARENT MAY PURSUE LEGAL ACTION TO ENFORCE THIS SECTION.

H. FOR THE PURPOSES OF THIS SECTION, "PUBLIC EDUCATIONAL INSTITUTION" MEANS ANY OF THE FOLLOWING:

1. A SCHOOL DISTRICT, INCLUDING ITS SCHOOLS.

2. A CHARTER SCHOOL.

3. AN ACCOMMODATION SCHOOL.

4. THE ARIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND.

Sec. 2. Short title

This act may be cited as "The Students' Religious Liberties Act".

Sec. 3. 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.

APPROVED BY THE GOVERNOR JULY 10, 2009.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 10, 2009.