Pupil rights: religious expression.

Existing law prohibits school districts operating one or more high schools and private secondary schools from making or enforcing a rule subjecting a high school pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution. Existing law provides that pupils of the public schools have the right to exercise freedom of speech and of the press, including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Existing law requires each governing board of a school district and each county board of education to adopt rules and regulations in the form of a written publications code, that shall include reasonable provisions for the time, place, and manner of conducting these activities within its respective jurisdiction. This bill, the Religious Viewpoints Antidiscrimination Act or the Schoolchildren's Religious Liberties Act would require a school district to treat a pupil's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a pupil's voluntary expression of a secular or other viewpoint and prohibit discrimination against a pupil based on the religious viewpoint expressed. This bill would require a district to adopt a policy that must include the establishment of a limited public forum for student speakers at all school events at which a pupil may speak publicly, as specified. This bill would provide that pupils have the right to 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 and to organize prayer groups or religious clubs or gatherings before, during, and after school to the same extent that pupils are permitted to organize other noncurricular student activities and groups. This bill would also require religious groups to 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 pupils' expression and advertise or announce meetings of the groups. If pupil groups that meet for nonreligious activities are permitted to meet, the school district may not discriminate against groups that meet for prayer or other religious speech. The bill would allow school districts to 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. The bill would also provide that if a school district adopts and follows a model policy governing voluntary religious expression in public schools as specified, the district is in compliance with the provisions of the act covered by the model policy. The bill would also provide that a pupil who is enrolled at a school in a school district at the time that the school or school district has made or enforced a rule in violation of these provisions, or the parent or legal guardian of the pupil, may commence a civil action to obtain appropriate injunctive and declaratory relief, and damages, as specified. The bill would also provide that any person who denies the rights described above to a pupil is liable for each and every instance for actual and exemplary damages in an amount to be determined for not less than $4,000 nor more than $25,000 per occurrence. The bill would also specify that these provisions do not apply to a private secondary school that is controlled by a religious organization. Because this bill would require school districts to perform additional duties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it would take effect immediately as an urgency statute.