Senate File 2231 H-8268 Amend Senate File 2231, as passed by the Senate, as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 256.9, Code 2026, is amended by adding 3 the following new subsections: 4 NEW SUBSECTION . 80. a. Annually distribute, both 5 electronically and by regular mail, the most recent version of 6 the United States department of education’s guidance related to 7 constitutionally protected prayer and religious expression in 8 public elementary and secondary schools to all of the following 9 individuals: 10 (1) Each member of the board of directors of each school 11 district. 12 (2) Each member of the governing board of each charter 13 school established pursuant to chapter 256E. 14 (3) Each superintendent employed by each school district. 15 (4) Each principal employed by each school district. 16 (5) Each principal employed by each charter school 17 established pursuant to chapter 256E. 18 (6) Each principal employed by each charter school or 19 innovation zone school established pursuant to chapter 256F. 20 (7) Each teacher employed by each school district. 21 (8) Each teacher employed by each charter school 22 established pursuant to chapter 256E. 23 (9) Each teacher employed by each charter school or 24 innovation zone school established pursuant to chapter 256F. 25 b. Publish on the department’s internet site a link to 26 the most recent version of the United States department of 27 education’s guidance related to constitutionally protected 28 prayer and religious expression in public elementary and 29 secondary schools. 30 c. Develop and distribute to school districts, charter 31 schools established pursuant to chapter 256E, and charter 32 schools and innovation zone schools established pursuant to 33 chapter 256F a professional development training program 34 regarding constitutionally protected prayer and religious 35 -1- SF 2231.3677 (2) 91 mb/jh 1/ 6 #1.

expression in public elementary and secondary schools. 1 NEW SUBSECTION . 81. Develop and distribute to school 2 districts, charter schools established pursuant to chapter 3 256E, and charter schools and innovation zone schools 4 established pursuant to chapter 256F a model policy that, if 5 adopted by a school district, charter school, or innovation 6 zone school, would satisfy the school district’s, charter 7 school’s, or innovation zone school’s responsibilities under 8 section 279.89, subsection 4, paragraph “c” , relating to 9 the adoption of policies to ensure compliance with federal 10 religious expression standards. > 11 2. Page 2, before line 10 by inserting: 12 < Sec. ___. Section 256E.7, subsection 2, Code 2026, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . 0s. Be subject to and comply with the 15 requirements of section 279.89 relating to protected speech or 16 expression in the same manner as a school district. 17 Sec. ___. Section 256F.4, subsection 2, Code 2026, is 18 amended by adding the following new paragraph: 19 NEW PARAGRAPH . 0q. Be subject to and comply with the 20 requirements of section 279.89 relating to protected speech or 21 expression in the same manner as a school district. > 22 3. Page 4, before line 20 by inserting: 23 < Sec. ___. NEW SECTION . 279.89 Protected speech and 24 expression —— prohibitions —— enforcement. 25 1. A school district shall not discriminate against or 26 penalize a student enrolled in the school district for doing 27 any of the following: 28 a. Engaging in religious, political, or ideological speech 29 in the same time, place, and manner, and to the same extent, 30 that other similarly situated students are authorized to engage 31 in speech at school. 32 b. Expressing a religious, political, or ideological 33 viewpoint in the same time, place, and manner, and to the same 34 extent, that other similarly situated students are authorized 35 -2- SF 2231.3677 (2) 91 mb/jh 2/ 6 #2. #3.

to express views at school. 1 2. A school district shall allow a student who is enrolled 2 in the school district to engage in protected speech or 3 expression at school, which includes but is not limited to all 4 of the following activities: 5 a. Expressing a religious, political, or ideological 6 viewpoint on the topic or subject of discussion or study during 7 class. 8 b. Expressing religious, political, or ideological 9 viewpoints in a homework assignment, artwork, presentation, or 10 other written or oral assignments, without being discriminated 11 against or the imposition of an academic penalty based on the 12 religious, political, or ideological content of the student’s 13 expressions; provided, however, that a school district shall 14 assess a student’s written and oral assignments using ordinary 15 academic standards of substance and relevance and other 16 legitimate pedagogical concerns identified by the school 17 district. 18 c. Organizing religious, political, or ideological 19 gatherings or clubs before, during, or after school to the same 20 extent, and with the same access to school facilities, as the 21 school district grants to other student-initiated gatherings 22 and clubs. 23 d. Wearing clothing, accessories, and jewelry that display 24 religious, political, or ideological messages or symbols in the 25 same manner, and to the same extent, as the school district 26 permits other students to wear clothing, accessories, and 27 jewelry that display messages and symbols. 28 3. A school district shall not discriminate against a club 29 organized by a student enrolled in the school district because 30 of any of the following: 31 a. The religious, political, or ideological viewpoints 32 expressed by the club. 33 b. The religious, political, or ideological viewpoints 34 expressed by students who are members of the club. 35 -3- SF 2231.3677 (2) 91 mb/jh 3/ 6

c. Any requirement that the leaders or members of the club 1 affirm or adhere to any particular beliefs, comply with the 2 club’s standards of conduct, or further the club’s mission or 3 purpose, as defined by the club. 4 4. Each school district shall do all of the following: 5 a. Annually notify each employee of the school district of 6 the availability of the United States department of education’s 7 guidance related to constitutionally protected prayer and 8 religious expression in public elementary and secondary 9 schools. 10 b. Offer professional development opportunities to each 11 employee of the school district regarding constitutionally 12 protected prayer and religious expression in public elementary 13 and secondary schools to ensure understanding and compliance. 14 c. (1) Adopt a policy that ensures the school district 15 complies with federal religious expression standards. 16 (2) Annually certify to the department of education that the 17 school district is in compliance with the policy described in 18 subparagraph (1). 19 5. a. Any individual or club organized by a student 20 alleging a violation of subsection 1, 2, 3, or 4 by a school 21 district may bring a civil action for declaratory relief, 22 injunctive relief, monetary damages, reasonable attorney fees, 23 court costs, and any other appropriate relief against the 24 school district. 25 b. A court shall assess a civil penalty of not less than 26 five thousand dollars against a school district that fails 27 to comply with subsection 1, 2, 3, or 4, in addition to any 28 monetary damages awarded pursuant to paragraph “a” . The 29 civil penalty is payable to the prevailing individual or club 30 organized by a student. 31 c. Any individual or club organized by a student aggrieved 32 by a school district’s violation of subsection 1, 2, 3, or 33 4 may assert such violation as a defense or counterclaim in 34 any disciplinary action, civil proceeding, or administrative 35 -4- SF 2231.3677 (2) 91 mb/jh 4/ 6

proceeding that is brought against the individual or club. 1 d. This subsection shall not be construed to limit any other 2 remedies available to any individual or club organized by a 3 student alleging a violation of subsection 1, 2, 3, or 4 by a 4 school district. 5 e. A civil action brought under this subsection is barred 6 unless the action is commenced not later than two years 7 after the day the cause of action accrues. For purposes 8 of calculating this limitations period, each day that the 9 violation persists, including each day that a policy in 10 violation of subsection 4, paragraph “c” , remains in effect, 11 shall constitute a new day that the cause of action has 12 accrued. 13 6. a. This section constitutes a waiver of any sovereign 14 immunity provided to school districts under the eleventh 15 amendment to the Constitution of the United States. 16 b. A school district that violates subsection 1, 2, 3, or 17 4 is not immune from suit or liability for such violation and 18 consents to suit in federal court for any actions arising under 19 this section. 20 7. This section shall not be construed to prevent a school 21 district from prohibiting, limiting, or restricting any of the 22 following: 23 a. Expression that is not protected under the first 24 amendment to the Constitution of the United States, including 25 true threats, obscenity, and expression that is directed to 26 provoke imminent lawless actions and likely to produce such 27 actions. 28 b. Expression that is unwelcome, and so severe, pervasive, 29 and subjectively and objectively offensive, that the 30 expression effectively denies a student access to educational 31 opportunities or benefits provided by the school district. 32 c. Conduct that intentionally, materially, and substantially 33 disrupts any of the following: 34 (1) The operations of the school district. 35 -5- SF 2231.3677 (2) 91 mb/jh 5/ 6

(2) The expressive activity of another individual if that 1 activity is occurring on school district property in an area 2 reserved for that activity under the exclusive use or control 3 of a particular student, group of students, or a club organized 4 by a student. > 5 4. Title page, by striking lines 1 through 4 and inserting 6 < An Act relating to education, including by modifying 7 provisions related to the protected speech and expression 8 rights of students, modifying provisions related to the duties 9 of the department of education, and modifying eligibility and 10 participation requirements for certain education programs, 11 preschool programs, and tax provisions, providing civil 12 penalties, and including retroactive applicability provisions. > 13 5. By renumbering as necessary. 14 ______________________________ FETT of Warren -6- SF 2231.3677 (2) 91 mb/jh 6/ 6 #4. #5.