House Bill 1416

AN ACT TO CREATE THE "STUDENT PROTECTED EQUAL ACCESS RIGHTS (SPEAR) ACT"; TO PROVIDE EQUAL ACCESS TO THE USE OF SCHOOL PROPERTY TO STUDENTS IN PUBLIC SCHOOLS FOR PURPOSES OF ENGAGING IN POLITICAL ACTIVITIES OR POLITICAL OR PHILOSOPHICAL EXPRESSION BEFORE, DURING AND AFTER THE SCHOOL DAY IN THE SAME MANNER AND TO THE SAME EXTENT THAT STUDENTS MAY ENGAGE IN NONPOLITICAL ACTIVITIES OR EXPRESSION; TO ALLOW STUDENTS IN PUBLIC SCHOOLS TO ORGANIZE PARTISAN OR NONPARTISAN POLITICAL GROUPS, POLITICAL CLUBS, POLITICAL RALLIES, OR OTHER POLITICALLY THEMED GATHERINGS BEFORE, DURING AND AFTER SCHOOL TO THE SAME EXTENT THAT STUDENTS ARE PERMITTED TO ORGANIZE OTHER NONCURRICULAR STUDENT ACTIVITIES AND GROUPS; TO ALLOW SCHOOL DISTRICTS TO DISCLAIM SCHOOL SPONSORSHIP OF NONCURRICULAR GROUPS AND EVENTS IN A MANNER THAT NEITHER FAVORS NOR DISFAVORS GROUPS; TO PROHIBIT PUBLIC SCHOOLS WHICH HAVE LIMITED OPEN FORUMS FROM DENYING EQUAL ACCESS OR A FAIR OPPORTUNITY TO, OR DISCRIMINATING AGAINST STUDENTS WHO WISH TO CONDUCT A MEETING WITHIN THAT LIMITED OPEN FORUM ON THE BASIS OF THE POLITICAL, PHILOSOPHICAL, IDEOLOGICAL OR OTHER CONTENT OF THE SPEECH; TO PROVIDE THAT A PUBLIC SCHOOL IS DEEMED TO HAVE LIMITED OPEN FORUM WHEN SUCH SCHOOL GRANTS AN OPPORTUNITY FOR ONE OR MORE NONCURRICULAR-RELATED STUDENT GROUPS TO MEET ON SCHOOL PREMISES DURING NONINSTRUCTIONAL TIME; TO SPECIFY THE CRITERIA THAT WOULD CONSTITUTE A SCHOOL BEING DEEMED AS OFFERING A FAIR OPPORTUNITY FOR STUDENTS AS A LIMITED OPEN FORUM; TO PROVIDE THAT THE CONSTRUCTION OF THIS ACT IS NOT AUTHORIZING THE STATE OF MISSISSIPPI OR ANY POLITICAL SUBDIVISION THEREOF TO TAKE ANY OFFICIAL ACTION OR POSITION WITH REGARD TO PROMOTING OR SUPPORTING ANY PARTICULAR GROUPS EFFORTS TO SEEK A LIMITED OPEN FORUM; TO PROVIDE FOR THE SEVERABILITY OF UNENFORCEABLE PROVISIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Student Protected Equal Access Rights (SPEAR) Act."

SECTION 2. As used in this act, the following terms shall have the meanings ascribed in this section, unless context of use clearly requires otherwise:

(a) "Public school" means a school under the control of a local school board which is subject to the governance, rules and regulations of the State Board of Education.

(b) "Sponsorship" includes the act of promoting, leading or participating in a meeting. The assignment of a teacher, administrator or other school employee to a meeting for

custodial purposes does not constitute sponsorship of the meeting.

(c) "Meeting" includes those activities of student groups which are permitted under a school's limited open forum and are not directly related to the school curriculum.

(d) "Noninstructional time" means time set aside by the school before actual classroom instruction begins or after actual

classroom instruction ends.

SECTION 3. (1) Students in public schools may engage in political activities or political or philosophical expression before, during and after the school day in the same manner and to the same extent that students may engage in nonpolitical activities or expression. Students may organize partisan or nonpartisan political groups, political clubs, political rallies, or other politically themed gatherings before, during and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Partisan and nonpartisan political groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the political content of the students' expression. If student groups that meet for nonpolitical activities are permitted to advertise or announce meetings of the groups, the school district may not discriminate against groups that meet for such purposes. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in political activity or political speech.

(2) Students in public schools may wear clothing, accessories and jewelry that display political messages or political 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.

SECTION 4. (1) It shall be unlawful for any public school which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the political, philosophical, ideological or other content of the speech at such meetings.

(2) A public school has a limited open forum whenever such school grants an offering to or opportunity for one or more noncurricular-related student groups to meet on school premises during noninstructional time.

(3) Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that:

(a) The meeting is voluntary and student initiated;

(b) There is no sponsorship of the meeting by the school, the government or its agents or employees;

(c) The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

(d) Nonschool persons may not direct, conduct, control or regularly attend activities of student groups.

(4) Nothing in this act shall be construed to authorize the State of Mississippi or any political subdivision thereof to:

(a) Influence the form or content of any political, philosophical or ideological activity;

(b) Require any person to participate in politics or political activity;

(d) Compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;

(e) Sanction meetings that are otherwise unlawful;

(f) Limit the rights of groups of students which are not of a specified numerical size; or

(g) Abridge the constitutional rights of any person.

(5) Notwithstanding the availability of any other remedy under the Constitution of the United States, the Mississippi Constitution of 1890 or any federal or state laws, nothing in this act shall be construed to authorize the United States or the State of Mississippi to deny or withhold federal or state financial assistance, respectively, to any school.

(6) Nothing in this act shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

SECTION 5. If any provision of this act or the application thereof to any person or circumstances is judicially determined to be invalid, the provisions of the remainder of the act and the application to other persons or circumstances shall not be affected thereby.

SECTION 6. This act shall take effect and be in force from and after July 1, 2022.