S T A T E   O F   N E W   Y O R K
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                                   5353
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 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 2017" 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 2017."
   § 2. The civil rights law is amended by adding a new section  79-o  to
 read as follows:
   §  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.
              

                                                            LBD05910-01-7

 A. 5353                             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.  FREEDOM  TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES.  A. 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 GROUP'S 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 SPONSORSHIP OF NON-CURRI-
 CULAR 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. 5353                             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. 5353                             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. 5353                             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. 5353                             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.  LIMITATIONS.  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.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 school years commencing on or after July 1, 2017.