S-5177

   Amend Senate File 2231, as passed by the Senate, as follows:
   1.  Page 1, before line 1 by inserting: 
   <Section 1.  Section 256.9, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  80.  a.  Annually distribute the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools to all of the following individuals:
   (1)  Each superintendent employed by each school district.
   (2)  Each principal employed by each charter school established pursuant to chapter 256E.
   b.  Each superintendent employed by a school district that receives the electronic communication containing the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools shall distribute the guidance to each member of the board of directors of the school district, each principal employed by the school district, and each teacher employed by the school district.
   c.  Each principal or head of a charter school employed by a charter school established under chapter 256E that receives the electronic communication containing the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools shall distribute the guidance to each member of the governing board of the charter school and each teacher employed by the charter school.
   d.  Publish on the department’s internet site a link to the most recent version of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools.
   e.  Develop and distribute to school districts, charter schools established pursuant to chapter 256E, and charter schools and innovation zone schools established pursuant to chapter 256F a professional development training program regarding constitutionally protected prayer and religious expression in public elementary and secondary schools.
   NEW SUBSECTION.  81.  Develop and distribute to school districts, charter schools established pursuant to chapter 256E, and charter schools and innovation zone schools established pursuant to chapter 256F a model policy that, if adopted by a school district, charter school, or innovation zone school, would satisfy the school district’s, charter school’s, or innovation zone school’s responsibilities under section 279.89, subsection 4, paragraph “c”, relating to the adoption of policies to ensure compliance with federal religious expression standards.>
   2.  Page 1, line 15, after <program.> by inserting <A community-based provider participating in the statewide voluntary preschool program pursuant to this paragraph shall comply with the requirements of subsections 2 and 3 under the authority of the local school district.>
   3.  Page 2, before line 10 by inserting: 
   <Sec. ___.  Section 256E.7, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0s.  Be subject to and comply with the requirements of section 279.89 relating to protected speech or expression in the same manner as a school district.
   Sec. ___.  Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0q.  Be subject to and comply with the requirements of section 279.89 relating to protected speech or expression in the same manner as a school district.>
   4.  Page 4, before line 20 by inserting: 
   <Sec. ___.  NEW SECTION.  279.89  Protected speech and expression —— prohibitions —— enforcement.
   1.  A school district shall not discriminate against or penalize a student enrolled in the school district for doing any of the following:
   a.  Engaging in religious, political, or ideological speech in the same time, place, and manner, and to the same extent, that other similarly situated students are authorized to engage in speech at school.
   b.  Expressing a religious, political, or ideological viewpoint in the same time, place, and manner, and to the same extent, that other similarly situated students are authorized to express views at school.
   2.  A school district shall allow a student who is enrolled in the school district to engage in protected speech or expression at school, which includes but is not limited to all of the following activities:
   a.  Expressing a religious, political, or ideological viewpoint on the topic or subject of discussion or study during class.
   b.  Expressing religious, political, or ideological viewpoints in a homework assignment, artwork, presentation, or other written or oral assignments, without being discriminated against or the imposition of an academic penalty based on the religious, political, or ideological content of the student’s expressions; provided, however, that a school district shall assess a student’s written and oral assignments using ordinary academic standards of substance and relevance and other legitimate pedagogical concerns identified by the school district.
   c.  Organizing religious, political, or ideological gatherings or clubs before, during, or after school to the same extent, and with the same access to school facilities, as the school district grants to other student-initiated gatherings and clubs.
   d.  Wearing clothing, accessories, and jewelry that display religious, political, or ideological messages or symbols in the same manner, and to the same extent, as the school district permits other students to wear clothing, accessories, and jewelry that display messages and symbols.
   3.  A school district shall not discriminate against a club organized by a student enrolled in the school district because of any of the following:
   a.  The religious, political, or ideological viewpoints expressed by the club.
   b.  The religious, political, or ideological viewpoints expressed by students who are members of the club.
   c.  Any requirement that the leaders or members of the club affirm or adhere to any particular beliefs, comply with the club’s standards of conduct, or further the club’s mission or purpose, as defined by the club.
   4.  Each school district shall do all of the following:
   a.  Annually notify each employee of the school district of the availability of the United States department of education’s guidance related to constitutionally protected prayer and religious expression in public elementary and secondary schools.
   b.  Offer professional development opportunities to each employee of the school district regarding constitutionally protected prayer and religious expression in public elementary and secondary schools to ensure understanding and compliance.
   c.  (1)  Adopt a policy that ensures the school district complies with federal religious expression standards.
   (2)  Annually certify to the department of education that the school district is in compliance with the policy described in subparagraph (1).
   5.  a.  Any individual or club organized by a student alleging a violation of subsection 1, 2, 3, or 4 by a school district may bring a civil action for declaratory relief, injunctive relief, monetary damages, reasonable attorney fees, court costs, and any other appropriate relief against the school district.
   b.  A court shall assess a civil penalty of not less than five thousand dollars against a school district that fails to comply with subsection 1, 2, 3, or 4, in addition to any monetary damages awarded pursuant to paragraph “a”. The civil penalty is payable to the prevailing individual or club organized by a student.
   c.  Any individual or club organized by a student aggrieved by a school district’s violation of subsection 1, 2, 3, or 4 may assert such violation as a defense or counterclaim in any disciplinary action, civil proceeding, or administrative proceeding that is brought against the individual or club.
   d.  This subsection shall not be construed to limit any other remedies available to any individual or club organized by a student alleging a violation of subsection 1, 2, 3, or 4 by a school district.
   e.  A civil action brought under this subsection is barred unless the action is commenced not later than two years after the day the cause of action accrues. For purposes of calculating this limitations period, each day that the violation persists, including each day that a policy in violation of subsection 4, paragraph “c”, remains in effect, shall constitute a new day that the cause of action has accrued.
   6.  a.  This section constitutes a waiver of any sovereign immunity provided to school districts under the eleventh amendment to the Constitution of the United States.
   b.  A school district that violates subsection 1, 2, 3, or 4 is not immune from suit or liability for such violation and consents to suit in federal court for any actions arising under this section.
   7.  This section shall not be construed to prevent a school district from prohibiting, limiting, or restricting any of the following:
   a.  Expression that is not protected under the first amendment to the Constitution of the United States, including true threats, obscenity, and expression that is directed to provoke imminent lawless actions and likely to produce such actions.
   b.  Expression that is unwelcome, and so severe, pervasive, and subjectively and objectively offensive, that the expression effectively denies a student access to educational opportunities or benefits provided by the school district.
   c.  Conduct that intentionally, materially, and substantially disrupts any of the following:
   (1)  The operations of the school district.
   (2)  The expressive activity of another individual if that activity is occurring on school district property in an area reserved for that activity under the exclusive use or control of a particular student, group of students, or a club organized by a student.>
   5.  Title page, by striking lines 1 through 4 and inserting <An Act relating to education, including by modifying provisions related to the protected speech and expression rights of students, modifying provisions related to the duties of the department of education, and modifying eligibility and participation requirements for certain education programs, preschool programs, and tax provisions, providing civil penalties, and including retroactive applicability provisions.>
   6.  By renumbering as necessary.