S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7551

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced by M. of A. DIPIETRO -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to amend the civil rights law, in relation to enacting the "New
  York student religious liberties act of 2013" providing for  voluntary
  student expression of religious viewpoints in public schools, allowing
  religious  expression  in  class assignments and allowing students the
  freedom to organize religious groups  and  activities,  and  requiring
  public  school districts to provide a limited public forum for student
  speakers at non-graduation and graduation events

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
Student Religious Liberties Act of 2013."
  S 2. The civil rights law is amended by adding a new section  79-o  to
read as follows:
  S  79-O.  RELIGIOUS  LIBERTIES. 1. STUDENT EXPRESSION. A PUBLIC SCHOOL
DISTRICT SHALL NOT DISCRIMINATE AGAINST STUDENTS OR PARENTS ON THE BASIS
OF A RELIGIOUS VIEWPOINT OR  RELIGIOUS  EXPRESSION.  A  SCHOOL  DISTRICT
SHALL  TREAT  A STUDENT'S VOLUNTARY EXPRESSION OF A RELIGIOUS VIEWPOINT,
IF ANY, ON AN OTHERWISE PERMISSIBLE  SUBJECT  IN  THE  SAME  MANNER  THE
DISTRICT  TREATS  A STUDENT'S VOLUNTARY EXPRESSION OF A SECULAR OR OTHER
VIEWPOINT ON AN OTHERWISE PERMISSIBLE SUBJECT AND MAY  NOT  DISCRIMINATE
AGAINST  THE  STUDENT  BASED  ON  A RELIGIOUS VIEWPOINT EXPRESSED BY THE
STUDENT ON AN OTHERWISE PERMISSIBLE SUBJECT.
  2. RELIGIOUS EXPRESSION IN CLASS  ASSIGNMENTS.  STUDENTS  MAY  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.  HOMEWORK AND CLASSROOM ASSIGNMENTS MUST BE JUDGED
BY  ORDINARY  ACADEMIC  STANDARDS OF SUBSTANCE AND RELEVANCE AND AGAINST
OTHER LEGITIMATE PEDAGOGICAL CONCERNS IDENTIFIED BY THE SCHOOL DISTRICT.
STUDENTS MAY NOT BE PENALIZED OR REWARDED ON ACCOUNT  OF  THE  RELIGIOUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10715-01-3
              

A. 7551                             2

CONTENT  OF  THEIR WORK. IF AN ASSIGNMENT REQUIRES A STUDENT'S VIEWPOINT
TO BE EXPRESSED IN COURSEWORK, ARTWORK OR OTHER WRITTEN OR ORAL  ASSIGN-
MENTS,  A  PUBLIC  SCHOOL  SHALL NOT PENALIZE OR REWARD A STUDENT ON THE
BASIS OF RELIGIOUS CONTENT OR A RELIGIOUS VIEWPOINT.  IN SUCH AN ASSIGN-
MENT,  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.
  3.  A.  FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES.  STUDENTS
IN PUBLIC SCHOOLS MAY PRAY OR ENGAGE IN RELIGIOUS  ACTIVITIES  OR  RELI-
GIOUS  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. STUDENTS MAY ORGANIZE PRAYER GROUPS, RELIGIOUS
CLUBS,  "SEE  YOU AT THE POLE" GATHERINGS, OR OTHER RELIGIOUS GATHERINGS
BEFORE, DURING AND AFTER SCHOOL TO THE SAME  EXTENT  THAT  STUDENTS  ARE
PERMITTED  TO  ORGANIZE  OTHER  NON-CURRICULAR  STUDENT  ACTIVITIES  AND
GROUPS. RELIGIOUS GROUPS MUST BE GIVEN THE SAME ACCESS TO SCHOOL FACILI-
TIES FOR ASSEMBLING AS IS GIVEN TO OTHER NON-CURRICULAR  GROUPS  WITHOUT
DISCRIMINATION   BASED   ON  THE  RELIGIOUS  CONTENT  OF  THE  STUDENTS'
EXPRESSION. IF STUDENT GROUPS THAT MEET FOR NONRELIGIOUS ACTIVITIES  ARE
PERMITTED  TO  ADVERTISE  OR ANNOUNCE MEETINGS OF THE GROUPS, THE SCHOOL
DISTRICT MAY NOT DISCRIMINATE AGAINST GROUPS THAT  MEET  FOR  PRAYER  OR
OTHER  RELIGIOUS  SPEECH. A SCHOOL DISTRICT MAY DISCLAIM SCHOOL SPONSOR-
SHIP OF NON-CURRICULAR GROUPS AND EVENTS IN A MANNER THAT NEITHER FAVORS
NOR DISFAVORS GROUPS THAT MEET TO ENGAGE IN PRAYER OR RELIGIOUS SPEECH.
  B. STUDENTS IN PUBLIC  SCHOOLS  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.
  4. LIMITED PUBLIC FORUM; SCHOOL DISTRICT POLICY. A. TO ENSURE THAT THE
SCHOOL DISTRICT DOES NOT DISCRIMINATE AGAINST A STUDENT'S PUBLICLY STAT-
ED VOLUNTARY EXPRESSION OF A RELIGIOUS VIEWPOINT, IF ANY, AND TO  ELIMI-
NATE  ANY  ACTUAL  OR PERCEIVED AFFIRMATIVE SCHOOL SPONSORSHIP OR ATTRI-
BUTION TO  THE  DISTRICT  OF  A  STUDENT'S  EXPRESSION  OF  A  RELIGIOUS
VIEWPOINT,  IF  ANY,  A SCHOOL DISTRICT SHALL ADOPT A POLICY, WHICH MUST
INCLUDE THE ESTABLISHMENT OF A LIMITED PUBLIC FORUM FOR STUDENT SPEAKERS
AT ALL SCHOOL EVENTS AT WHICH A STUDENT IS TO PUBLICLY SPEAK. THE POLICY
REGARDING THE LIMITED PUBLIC FORUM MUST ALSO REQUIRE THE SCHOOL DISTRICT
TO:
  (1) PROVIDE THE FORUM IN A MANNER THAT DOES NOT DISCRIMINATE AGAINST A
STUDENT'S VOLUNTARY EXPRESSION OF A RELIGIOUS VIEWPOINT, IF ANY,  ON  AN
OTHERWISE PERMISSIBLE SUBJECT;
  (2)  PROVIDE A METHOD, BASED ON NEUTRAL CRITERIA, FOR THE SELECTION OF
STUDENT SPEAKERS AT SCHOOL EVENTS AND GRADUATION CEREMONIES;
  (3) ENSURE THAT A STUDENT SPEAKER DOES NOT ENGAGE IN OBSCENE,  VULGAR,
OFFENSIVELY LEWD OR INDECENT SPEECH; AND
  (4) STATE, IN WRITING, ORALLY, OR BOTH, THAT THE STUDENT'S SPEECH DOES
NOT  REFLECT THE ENDORSEMENT, SPONSORSHIP, POSITION OR EXPRESSION OF THE
DISTRICT.
  B. THE SCHOOL DISTRICT DISCLAIMER REQUIRED  BY  SUBPARAGRAPH  FOUR  OF
PARAGRAPH A OF THIS SUBDIVISION MUST BE PROVIDED AT ALL GRADUATION CERE-
MONIES.  THE SCHOOL DISTRICT SHALL CONTINUE TO PROVIDE THE DISCLAIMER AT
ANY OTHER EVENT IN WHICH A STUDENT SPEAKS PUBLICLY FOR AS LONG AS A NEED
EXISTS TO DISPEL CONFUSION OVER THE DISTRICT'S  NON-SPONSORSHIP  OF  THE
STUDENT'S SPEECH.

A. 7551                             3

  C.  STUDENT  EXPRESSION ON AN OTHERWISE PERMISSIBLE SUBJECT MAY NOT BE
EXCLUDED FROM THE LIMITED PUBLIC FORUM BECAUSE THE SUBJECT IS  EXPRESSED
FROM A RELIGIOUS VIEWPOINT.
  D.  ALL  SCHOOL  DISTRICTS  SHALL  ADOPT  AND IMPLEMENT A LOCAL POLICY
REGARDING A LIMITED PUBLIC FORUM AND  VOLUNTARY  STUDENT  EXPRESSION  OF
RELIGIOUS  VIEWPOINTS.    IF  A  SCHOOL  DISTRICT VOLUNTARILY ADOPTS AND
FOLLOWS THE MODEL POLICY GOVERNING  VOLUNTARY  RELIGIOUS  EXPRESSION  IN
PUBLIC  SCHOOLS  AS  PROVIDED  BY  SUBDIVISION FIVE OF THIS SECTION, THE
DISTRICT IS IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT COVERED BY THE
MODEL POLICY.
  E. MODEL POLICY GOVERNING VOLUNTARY  RELIGIOUS  EXPRESSION  IN  PUBLIC
SCHOOLS. IN THIS SECTION, "MODEL POLICY" MEANS A LOCAL POLICY ADOPTED BY
THE  SCHOOL  DISTRICT THAT IS SUBSTANTIALLY SIMILAR TO THE PROVISIONS OF
SUBDIVISIONS FIVE, SIX, SEVEN, EIGHT, AND NINE OF THIS SECTION.
  5. STUDENT EXPRESSION OF RELIGIOUS  VIEWPOINTS.  THE  SCHOOL  DISTRICT
SHALL  TREAT  A STUDENT'S VOLUNTARY EXPRESSION OF A RELIGIOUS VIEWPOINT,
IF ANY, ON AN OTHERWISE PERMISSIBLE  SUBJECT  IN  THE  SAME  MANNER  THE
DISTRICT  TREATS  A STUDENT'S VOLUNTARY EXPRESSION OF A SECULAR OR OTHER
VIEWPOINT ON AN OTHERWISE PERMISSIBLE SUBJECT AND MAY  NOT  DISCRIMINATE
AGAINST  THE  STUDENT  BASED  ON  A RELIGIOUS VIEWPOINT EXPRESSED BY THE
STUDENT ON AN OTHERWISE PERMISSIBLE SUBJECT.
  6. STUDENT SPEAKERS AT NON-GRADUATION EVENTS. A. THE  SCHOOL  DISTRICT
HEREBY CREATES A LIMITED PUBLIC FORUM FOR STUDENT SPEAKERS AT ALL SCHOOL
EVENTS  AT  WHICH  A STUDENT IS TO PUBLICLY SPEAK. FOR EACH SPEAKER, THE
DISTRICT SHALL SET A MAXIMUM TIME LIMIT REASONABLE  AND  APPROPRIATE  TO
THE OCCASION. STUDENT SPEAKERS SHALL INTRODUCE:
  (1) FOOTBALL GAMES;
  (2) ANY OTHER ATHLETIC EVENTS DESIGNATED BY THE DISTRICT;
  (3) OPENING ANNOUNCEMENTS AND GREETINGS FOR THE SCHOOL DAY; AND
  (4) ANY ADDITIONAL EVENTS DESIGNATED BY THE SCHOOL DISTRICT, WHICH MAY
INCLUDE, WITHOUT LIMITATION, ASSEMBLIES AND PEP RALLIES.
  B.  ONLY  THOSE STUDENTS IN THE HIGHEST TWO GRADE LEVELS OF THE SCHOOL
AND WHO HOLD ONE OF THE FOLLOWING POSITIONS OF HONOR  BASED  ON  NEUTRAL
CRITERIA  ARE  ELIGIBLE TO USE THE LIMITED PUBLIC FORUM: STUDENT COUNCIL
OFFICERS, CLASS OFFICERS OF THE  HIGHEST  GRADE  LEVEL  IN  THE  SCHOOL,
CAPTAINS  OF  THE FOOTBALL TEAM, AND OTHER STUDENTS HOLDING POSITIONS OF
HONOR AS THE SCHOOL DISTRICT MAY DESIGNATE.
  C. AN ELIGIBLE STUDENT SHALL BE NOTIFIED OF THE STUDENT'S ELIGIBILITY,
AND A STUDENT WHO WISHES TO PARTICIPATE AS AN INTRODUCING SPEAKER  SHALL
SUBMIT  THE  STUDENT'S  NAME  TO THE STUDENT COUNCIL OR OTHER DESIGNATED
BODY DURING AN ANNOUNCED  PERIOD  OF  NOT  LESS  THAN  THREE  DAYS.  THE
ANNOUNCED  PERIOD MAY BE AT THE BEGINNING OF THE SCHOOL YEAR, AT THE END
OF THE PRECEDING SCHOOL YEAR SO STUDENT SPEAKERS ARE IN  PLACE  FOR  THE
NEW  YEAR,  OR, IF THE SELECTION PROCESS WILL BE REPEATED EACH SEMESTER,
AT THE BEGINNING OF EACH SEMESTER OR AT THE END OF THE PRECEDING  SEMES-
TER  SO  SPEAKERS  ARE IN PLACE FOR THE NEXT SEMESTER.  THE NAMES OF THE
VOLUNTEERING STUDENT SPEAKERS SHALL BE RANDOMLY DRAWN  UNTIL  ALL  NAMES
HAVE  BEEN  SELECTED,  AND THE NAMES SHALL BE LISTED IN THE ORDER DRAWN.
EACH SELECTED STUDENT WILL BE MATCHED CHRONOLOGICALLY TO THE  EVENT  FOR
WHICH  THE  STUDENT  WILL  BE  GIVING THE INTRODUCTION. EACH STUDENT MAY
SPEAK FOR ONE WEEK AT A TIME FOR ALL INTRODUCTIONS OF EVENTS THAT  WEEK,
OR  ROTATE  AFTER EACH SPEAKING EVENT, OR OTHERWISE AS DETERMINED BY THE
DISTRICT. THE LIST OF STUDENT SPEAKERS SHALL BE CHRONOLOGICALLY REPEATED
AS NEEDED, IN THE SAME ORDER. THE  DISTRICT  MAY  REPEAT  THE  SELECTION
PROCESS EACH SEMESTER RATHER THAN ONCE A YEAR.

A. 7551                             4

  D.  THE  SUBJECT  OF  THE STUDENT INTRODUCTIONS MUST BE RELATED TO THE
PURPOSE OF THE EVENT AND TO THE PURPOSE OF MARKING THE  OPENING  OF  THE
EVENT, HONORING THE OCCASION, THE PARTICIPANTS, AND THOSE IN ATTENDANCE,
BRINGING THE AUDIENCE TO ORDER, AND FOCUSING THE AUDIENCE ON THE PURPOSE
OF THE EVENT. THE SUBJECT MUST BE DESIGNATED, A STUDENT MUST STAY ON THE
SUBJECT,  AND THE STUDENT MAY NOT ENGAGE IN OBSCENE, VULGAR, OFFENSIVELY
LEWD OR INDECENT SPEECH. THE SCHOOL DISTRICT  SHALL  TREAT  A  STUDENT'S
VOLUNTARY  EXPRESSION  OF A RELIGIOUS VIEWPOINT, IF ANY, ON AN OTHERWISE
PERMISSIBLE SUBJECT IN THE SAME MANNER THE DISTRICT TREATS  A  STUDENT'S
VOLUNTARY  EXPRESSION  OF  A  SECULAR OR OTHER VIEWPOINT ON AN OTHERWISE
PERMISSIBLE SUBJECT AND MAY NOT DISCRIMINATE AGAINST THE  STUDENT  BASED
ON  A  RELIGIOUS  VIEWPOINT  EXPRESSED  BY  THE  STUDENT ON AN OTHERWISE
PERMISSIBLE SUBJECT.
  E. FOR AS LONG AS THERE  IS  A  NEED  TO  DISPEL  CONFUSION  OVER  THE
NON-SPONSORSHIP OF THE STUDENT'S SPEECH AT EACH EVENT IN WHICH A STUDENT
WILL DELIVER AN INTRODUCTION, A DISCLAIMER SHALL BE STATED IN WRITTEN OR
ORAL  FORM,  OR  BOTH, SUCH AS, "THE STUDENT GIVING THE INTRODUCTION FOR
THIS EVENT IS A VOLUNTEERING STUDENT SELECTED  ON  NEUTRAL  CRITERIA  TO
INTRODUCE  THE  EVENT.  THE  CONTENT  OF THE INTRODUCTION IS THE PRIVATE
EXPRESSION OF THE STUDENT AND DOES NOT REFLECT THE ENDORSEMENT, SPONSOR-
SHIP, POSITION OR EXPRESSION OF THE SCHOOL DISTRICT."
  F. CERTAIN STUDENTS WHO HAVE ATTAINED SPECIAL POSITIONS  OF  HONOR  IN
THE  SCHOOL  HAVE  TRADITIONALLY ADDRESSED SCHOOL AUDIENCES FROM TIME TO
TIME AS A TANGENTIAL COMPONENT OF THEIR  ACHIEVED  POSITIONS  OF  HONOR,
SUCH  AS THE CAPTAINS OF VARIOUS SPORTS TEAMS, STUDENT COUNCIL OFFICERS,
CLASS OFFICERS, HOMECOMING KINGS AND QUEENS, PROM KINGS AND QUEENS,  AND
THE  LIKE,  AND HAVE ATTAINED THEIR POSITIONS BASED ON NEUTRAL CRITERIA.
NOTHING IN THIS SUBDIVISION SHALL  ELIMINATE  THE  CONTINUATION  OF  THE
PRACTICE  OF HAVING THESE STUDENTS, IRRESPECTIVE OF GRADE LEVEL, ADDRESS
SCHOOL AUDIENCES IN THE NORMAL COURSE OF THEIR RESPECTIVE POSITIONS. THE
SCHOOL DISTRICT SHALL CREATE A LIMITED PUBLIC FORUM FOR THE SPEAKERS AND
SHALL TREAT A STUDENT'S VOLUNTARY EXPRESSION OF A  RELIGIOUS  VIEWPOINT,
IF  ANY,  ON  AN  OTHERWISE  PERMISSIBLE  SUBJECT IN THE SAME MANNER THE
DISTRICT TREATS A STUDENT'S VOLUNTARY EXPRESSION OF A SECULAR  OR  OTHER
VIEWPOINT  ON  AN OTHERWISE PERMISSIBLE SUBJECT AND MAY NOT DISCRIMINATE
AGAINST THE STUDENT BASED ON A  RELIGIOUS  VIEWPOINT  EXPRESSED  BY  THE
STUDENT ON AN OTHERWISE PERMISSIBLE SUBJECT.
  7.  STUDENT  SPEAKERS AT GRADUATION CEREMONIES. A. THE SCHOOL DISTRICT
HEREBY CREATES A LIMITED PUBLIC FORUM CONSISTING OF AN OPPORTUNITY FOR A
STUDENT TO SPEAK TO BEGIN GRADUATION CEREMONIES AND ANOTHER  STUDENT  TO
SPEAK TO END GRADUATION CEREMONIES. FOR EACH SPEAKER, THE DISTRICT SHALL
SET A MAXIMUM TIME LIMIT REASONABLE AND APPROPRIATE TO THE OCCASION.
  B.  ONLY STUDENTS WHO ARE GRADUATING AND WHO HOLD ONE OF THE FOLLOWING
NEUTRAL CRITERIA POSITIONS OF HONOR SHALL BE ELIGIBLE TO USE THE LIMITED
PUBLIC FORUM:  STUDENT COUNCIL OFFICERS, CLASS OFFICERS OF THE  GRADUAT-
ING  CLASS, THE TOP THREE ACADEMICALLY RANKED GRADUATES, OR A SHORTER OR
LONGER LIST OF STUDENT LEADERS AS THE SCHOOL DISTRICT MAY  DESIGNATE.  A
STUDENT  WHO WILL OTHERWISE HAVE A SPEAKING ROLE IN THE GRADUATION CERE-
MONIES IS INELIGIBLE TO GIVE THE OPENING AND CLOSING REMARKS. THE  NAMES
OF  THE ELIGIBLE VOLUNTEERING STUDENTS WILL BE RANDOMLY DRAWN. THE FIRST
NAME DRAWN WILL GIVE THE OPENING AND THE SECOND NAME DRAWN WILL GIVE THE
CLOSING.
  C. THE TOPIC OF THE OPENING AND CLOSING REMARKS MUST BE RELATED TO THE
PURPOSE OF THE GRADUATION CEREMONY AND TO THE  PURPOSE  OF  MARKING  THE
OPENING  AND  CLOSING  OF  THE EVENT, HONORING THE OCCASION, THE PARTIC-

A. 7551                             5

IPANTS, AND THOSE IN ATTENDANCE, BRINGING THE  AUDIENCE  TO  ORDER,  AND
FOCUSING THE AUDIENCE ON THE PURPOSE OF THE EVENT.
  D. IN ADDITION TO THE STUDENTS GIVING THE OPENING AND CLOSING REMARKS,
CERTAIN  OTHER  STUDENTS  WHO  HAVE  ATTAINED SPECIAL POSITIONS OF HONOR
BASED ON NEUTRAL CRITERIA, INCLUDING, WITHOUT LIMITATION, THE VALEDICTO-
RIAN, WILL HAVE SPEAKING ROLES  AT  GRADUATION  CEREMONIES.    FOR  EACH
SPEAKER,  THE  SCHOOL DISTRICT SHALL SET A MAXIMUM TIME LIMIT REASONABLE
AND APPROPRIATE TO THE OCCASION AND TO THE POSITION HELD BY THE SPEAKER.
FOR THIS PURPOSE, THE DISTRICT CREATES A LIMITED PUBLIC FORUM FOR  THESE
STUDENTS  TO DELIVER THE ADDRESSES. THE SUBJECT OF THE ADDRESSES MUST BE
RELATED TO THE PURPOSE OF THE GRADUATION CEREMONY, MARKING AND  HONORING
THE OCCASION, HONORING THE PARTICIPANTS AND THOSE IN ATTENDANCE, AND THE
STUDENT'S PERSPECTIVE ON PURPOSE, ACHIEVEMENT, LIFE, SCHOOL, GRADUATION,
AND LOOKING FORWARD TO THE FUTURE.
  E.  THE  SUBJECT  MUST  BE  DESIGNATED  FOR  EACH STUDENT SPEAKER, THE
STUDENT MUST STAY ON THE SUBJECT, AND THE  STUDENT  MAY  NOT  ENGAGE  IN
OBSCENE,  VULGAR,  OFFENSIVELY  LEWD  OR  INDECENT  SPEECH.  THE  SCHOOL
DISTRICT SHALL TREAT A STUDENT'S VOLUNTARY  EXPRESSION  OF  A  RELIGIOUS
VIEWPOINT,  IF  ANY,  ON  AN  OTHERWISE  PERMISSIBLE SUBJECT IN THE SAME
MANNER THE DISTRICT TREATS A STUDENT'S VOLUNTARY EXPRESSION OF A SECULAR
OR OTHER VIEWPOINT ON AN  OTHERWISE  PERMISSIBLE  SUBJECT  AND  MAY  NOT
DISCRIMINATE   AGAINST  THE  STUDENT  BASED  ON  A  RELIGIOUS  VIEWPOINT
EXPRESSED BY THE STUDENT ON AN OTHERWISE PERMISSIBLE SUBJECT.
  F. A WRITTEN DISCLAIMER SHALL BE PRINTED  IN  THE  GRADUATION  PROGRAM
THAT  STATES, "THE STUDENTS WHO WILL BE SPEAKING AT THE GRADUATION CERE-
MONY WERE SELECTED BASED ON NEUTRAL CRITERIA TO DELIVER MESSAGES OF  THE
STUDENTS'  OWN CHOICES. THE CONTENT OF EACH STUDENT SPEAKER'S MESSAGE IS
THE PRIVATE EXPRESSION OF THE INDIVIDUAL STUDENT AND  DOES  NOT  REFLECT
ANY  POSITION OR EXPRESSION OF THE SCHOOL DISTRICT OR THE BOARD OF TRUS-
TEES, OR THE DISTRICT'S ADMINISTRATION, OR EMPLOYEES OF THE DISTRICT, OR
THE VIEWS OF ANY OTHER GRADUATE. THE CONTENTS  OF  THESE  MESSAGES  WERE
PREPARED  BY THE STUDENT VOLUNTEERS, AND THE DISTRICT REFRAINED FROM ANY
INTERACTION WITH STUDENT SPEAKERS REGARDING THE STUDENT SPEAKERS'  VIEW-
POINTS ON PERMISSIBLE SUBJECTS."
  8. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS. STUDENTS MAY EXPRESS THE
STUDENTS' BELIEFS ABOUT RELIGION IN HOMEWORK, ARTWORK, AND OTHER WRITTEN
AND  ORAL  ASSIGNMENTS  FREE  FROM DISCRIMINATION BASED ON THE RELIGIOUS
CONTENT OF THE STUDENTS' SUBMISSION. HOMEWORK AND CLASSROOM  WORK  SHALL
BE  JUDGED BY ORDINARY ACADEMIC STANDARDS OF SUBSTANCE AND RELEVANCE AND
AGAINST OTHER LEGITIMATE PEDAGOGICAL CONCERNS IDENTIFIED BY THE  SCHOOL.
STUDENTS  MAY  NOT  BE  PENALIZED  OR  REWARDED  ON ACCOUNT OF RELIGIOUS
CONTENT. IF A TEACHER'S ASSIGNMENT INVOLVES WRITING A POEM, THE WORK  OF
A  STUDENT  WHO  SUBMITS  A POEM IN THE FORM OF A PRAYER (FOR EXAMPLE, A
PSALM) SHOULD BE JUDGED ON THE BASIS OF  ACADEMIC  STANDARDS,  INCLUDING
LITERARY  QUALITY, AND NOT PENALIZED OR REWARDED ON ACCOUNT OF ITS RELI-
GIOUS CONTENT.
  9. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES.  STUDENTS  MAY
ORGANIZE  PRAYER  GROUPS,  RELIGIOUS  CLUBS, "SEE YOU AT THE POLE" GATH-
ERINGS, AND OTHER RELIGIOUS GATHERINGS BEFORE, DURING AND  AFTER  SCHOOL
TO THE SAME EXTENT THAT STUDENTS ARE PERMITTED TO ORGANIZE OTHER NONCUR-
RICULAR  STUDENT  ACTIVITIES  AND GROUPS. RELIGIOUS GROUPS MUST BE GIVEN
THE SAME ACCESS TO SCHOOL FACILITIES FOR ASSEMBLING AS IS GIVEN TO OTHER
NON-CURRICULAR GROUPS, WITHOUT DISCRIMINATION  BASED  ON  THE  RELIGIOUS
CONTENT  OF  THE  GROUP'S  EXPRESSION.  IF  STUDENT GROUPS THAT MEET FOR
NONRELIGIOUS ACTIVITIES ARE  PERMITTED  TO  ADVERTISE  OR  ANNOUNCE  THE
GROUPS'  MEETINGS,  FOR  EXAMPLE, BY ADVERTISING IN A STUDENT NEWSPAPER,

A. 7551                             6

PUTTING UP POSTERS, MAKING ANNOUNCEMENTS ON A STUDENT ACTIVITIES  BULLE-
TIN  BOARD  OR  PUBLIC  ADDRESS  SYSTEM, OR HANDING OUT LEAFLETS, SCHOOL
AUTHORITIES MAY NOT DISCRIMINATE AGAINST GROUPS THAT MEET FOR PRAYER  OR
OTHER  RELIGIOUS  SPEECH. SCHOOL AUTHORITIES MAY DISCLAIM SPONSORSHIP OF
NON-CURRICULAR GROUPS AND EVENTS, PROVIDED THEY ADMINISTER THE DISCLAIM-
ER IN A MANNER THAT DOES NOT FAVOR  OR  DISFAVOR  GROUPS  THAT  MEET  TO
ENGAGE IN PRAYER OR OTHER RELIGIOUS SPEECH.
  10.  A.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THIS
STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO:
  (1) REQUIRE ANY PERSON TO PARTICIPATE IN PRAYER OR IN ANY OTHER  RELI-
GIOUS ACTIVITY; OR
  (2) VIOLATE THE CONSTITUTIONAL RIGHTS OF ANY PERSON.
  B.  THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE
AUTHORITY OF ANY PUBLIC SCHOOL TO:
  (1) MAINTAIN ORDER AND DISCIPLINE ON THE CAMPUS OF THE  PUBLIC  SCHOOL
IN A CONTENT AND VIEWPOINT NEUTRAL MANNER;
  (2)  PROTECT  THE  SAFETY  OF  STUDENTS, EMPLOYEES AND VISITORS OF THE
PUBLIC SCHOOL; OR
  (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 NEW YORK
CONSTITUTIONS AND LAWS.
  S 3. This act shall take effect immediately and  shall  apply  to  all
school years commencing on or after July 1, 2013.