House Amendment to Senate File 2231 S-5177 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 the most recent 5 version of the United States department of education’s guidance 6 related to constitutionally protected prayer and religious 7 expression in public elementary and secondary schools to all 8 of the following individuals: 9 (1) Each superintendent employed by each school district. 10 (2) Each principal employed by each charter school 11 established pursuant to chapter 256E. 12 b. Each superintendent employed by a school district that 13 receives the electronic communication containing the most 14 recent version of the United States department of education’s 15 guidance related to constitutionally protected prayer and 16 religious expression in public elementary and secondary schools 17 shall distribute the guidance to each member of the board of 18 directors of the school district, each principal employed by 19 the school district, and each teacher employed by the school 20 district. 21 c. Each principal or head of a charter school employed by a 22 charter school established under chapter 256E that receives the 23 electronic communication containing the most recent version of 24 the United States department of education’s guidance related to 25 constitutionally protected prayer and religious expression in 26 public elementary and secondary schools shall distribute the 27 guidance to each member of the governing board of the charter 28 school and each teacher employed by the charter school. 29 d. Publish on the department’s internet site a link to 30 the most recent version of the United States department of 31 education’s guidance related to constitutionally protected 32 prayer and religious expression in public elementary and 33 secondary schools. 34 e. Develop and distribute to school districts, charter 35 -1- SF 2231.3936.H (1) 91 md 1/ 6 #1.

schools established pursuant to chapter 256E, and charter 1 schools and innovation zone schools established pursuant to 2 chapter 256F a professional development training program 3 regarding constitutionally protected prayer and religious 4 expression in public elementary and secondary schools. 5 NEW SUBSECTION . 81. Develop and distribute to school 6 districts, charter schools established pursuant to chapter 7 256E, and charter schools and innovation zone schools 8 established pursuant to chapter 256F a model policy that, if 9 adopted by a school district, charter school, or innovation 10 zone school, would satisfy the school district’s, charter 11 school’s, or innovation zone school’s responsibilities under 12 section 279.89, subsection 4, paragraph “c” , relating to 13 the adoption of policies to ensure compliance with federal 14 religious expression standards. > 15 2. Page 1, line 15, after < program. > by inserting < A 16 community-based provider participating in the statewide 17 voluntary preschool program pursuant to this paragraph shall 18 comply with the requirements of subsections 2 and 3 under the 19 authority of the local school district. > 20 3. Page 2, before line 10 by inserting: 21 < Sec. ___. Section 256E.7, subsection 2, Code 2026, is 22 amended by adding the following new paragraph: 23 NEW PARAGRAPH . 0s. Be subject to and comply with the 24 requirements of section 279.89 relating to protected speech or 25 expression in the same manner as a school district. 26 Sec. ___. Section 256F.4, subsection 2, Code 2026, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . 0q. Be subject to and comply with the 29 requirements of section 279.89 relating to protected speech or 30 expression in the same manner as a school district. > 31 4. Page 4, before line 20 by inserting: 32 < Sec. ___. NEW SECTION . 279.89 Protected speech and 33 expression —— prohibitions —— enforcement. 34 1. A school district shall not discriminate against or 35 -2- SF 2231.3936.H (1) 91 md 2/ 6 #2. #3. #4.

penalize a student enrolled in the school district for doing 1 any of the following: 2 a. Engaging in religious, political, or ideological speech 3 in the same time, place, and manner, and to the same extent, 4 that other similarly situated students are authorized to engage 5 in speech at school. 6 b. Expressing a religious, political, or ideological 7 viewpoint in the same time, place, and manner, and to the same 8 extent, that other similarly situated students are authorized 9 to express views at school. 10 2. A school district shall allow a student who is enrolled 11 in the school district to engage in protected speech or 12 expression at school, which includes but is not limited to all 13 of the following activities: 14 a. Expressing a religious, political, or ideological 15 viewpoint on the topic or subject of discussion or study during 16 class. 17 b. Expressing religious, political, or ideological 18 viewpoints in a homework assignment, artwork, presentation, or 19 other written or oral assignments, without being discriminated 20 against or the imposition of an academic penalty based on the 21 religious, political, or ideological content of the student’s 22 expressions; provided, however, that a school district shall 23 assess a student’s written and oral assignments using ordinary 24 academic standards of substance and relevance and other 25 legitimate pedagogical concerns identified by the school 26 district. 27 c. Organizing religious, political, or ideological 28 gatherings or clubs before, during, or after school to the same 29 extent, and with the same access to school facilities, as the 30 school district grants to other student-initiated gatherings 31 and clubs. 32 d. Wearing clothing, accessories, and jewelry that display 33 religious, political, or ideological messages or symbols in the 34 same manner, and to the same extent, as the school district 35 -3- SF 2231.3936.H (1) 91 md 3/ 6

permits other students to wear clothing, accessories, and 1 jewelry that display messages and symbols. 2 3. A school district shall not discriminate against a club 3 organized by a student enrolled in the school district because 4 of any of the following: 5 a. The religious, political, or ideological viewpoints 6 expressed by the club. 7 b. The religious, political, or ideological viewpoints 8 expressed by students who are members of the club. 9 c. Any requirement that the leaders or members of the club 10 affirm or adhere to any particular beliefs, comply with the 11 club’s standards of conduct, or further the club’s mission or 12 purpose, as defined by the club. 13 4. Each school district shall do all of the following: 14 a. Annually notify each employee of the school district of 15 the availability of the United States department of education’s 16 guidance related to constitutionally protected prayer and 17 religious expression in public elementary and secondary 18 schools. 19 b. Offer professional development opportunities to each 20 employee of the school district regarding constitutionally 21 protected prayer and religious expression in public elementary 22 and secondary schools to ensure understanding and compliance. 23 c. (1) Adopt a policy that ensures the school district 24 complies with federal religious expression standards. 25 (2) Annually certify to the department of education that the 26 school district is in compliance with the policy described in 27 subparagraph (1). 28 5. a. Any individual or club organized by a student 29 alleging a violation of subsection 1, 2, 3, or 4 by a school 30 district may bring a civil action for declaratory relief, 31 injunctive relief, monetary damages, reasonable attorney fees, 32 court costs, and any other appropriate relief against the 33 school district. 34 b. A court shall assess a civil penalty of not less than 35 -4- SF 2231.3936.H (1) 91 md 4/ 6

five thousand dollars against a school district that fails 1 to comply with subsection 1, 2, 3, or 4, in addition to any 2 monetary damages awarded pursuant to paragraph “a” . The 3 civil penalty is payable to the prevailing individual or club 4 organized by a student. 5 c. Any individual or club organized by a student aggrieved 6 by a school district’s violation of subsection 1, 2, 3, or 7 4 may assert such violation as a defense or counterclaim in 8 any disciplinary action, civil proceeding, or administrative 9 proceeding that is brought against the individual or club. 10 d. This subsection shall not be construed to limit any other 11 remedies available to any individual or club organized by a 12 student alleging a violation of subsection 1, 2, 3, or 4 by a 13 school district. 14 e. A civil action brought under this subsection is barred 15 unless the action is commenced not later than two years 16 after the day the cause of action accrues. For purposes 17 of calculating this limitations period, each day that the 18 violation persists, including each day that a policy in 19 violation of subsection 4, paragraph “c” , remains in effect, 20 shall constitute a new day that the cause of action has 21 accrued. 22 6. a. This section constitutes a waiver of any sovereign 23 immunity provided to school districts under the eleventh 24 amendment to the Constitution of the United States. 25 b. A school district that violates subsection 1, 2, 3, or 26 4 is not immune from suit or liability for such violation and 27 consents to suit in federal court for any actions arising under 28 this section. 29 7. This section shall not be construed to prevent a school 30 district from prohibiting, limiting, or restricting any of the 31 following: 32 a. Expression that is not protected under the first 33 amendment to the Constitution of the United States, including 34 true threats, obscenity, and expression that is directed to 35 -5- SF 2231.3936.H (1) 91 md 5/ 6

provoke imminent lawless actions and likely to produce such 1 actions. 2 b. Expression that is unwelcome, and so severe, pervasive, 3 and subjectively and objectively offensive, that the 4 expression effectively denies a student access to educational 5 opportunities or benefits provided by the school district. 6 c. Conduct that intentionally, materially, and substantially 7 disrupts any of the following: 8 (1) The operations of the school district. 9 (2) The expressive activity of another individual if that 10 activity is occurring on school district property in an area 11 reserved for that activity under the exclusive use or control 12 of a particular student, group of students, or a club organized 13 by a student. > 14 5. Title page, by striking lines 1 through 4 and inserting 15 < An Act relating to education, including by modifying 16 provisions related to the protected speech and expression 17 rights of students, modifying provisions related to the duties 18 of the department of education, and modifying eligibility and 19 participation requirements for certain education programs, 20 preschool programs, and tax provisions, providing civil 21 penalties, and including retroactive applicability provisions. > 22 6. By renumbering as necessary. 23 -6- SF 2231.3936.H (1) 91 md 6/ 6 #5.