Senate Bill 2301

AN ACT TO CREATE NEW SECTION 37-13-61, MISSISSIPPI CODE OF 1972, TO ENACT THE MISSISSIPPI OPEN TO RELIGION ACT; TO REQUIRE THE GOVERNING BOARD OF A SCHOOL DISTRICT OR PUBLIC CHARTER SCHOOL TO ADOPT A POLICY REQUIRING EVERY CAMPUS OF THE DISTRICT OR SCHOOL TO PROVIDE STUDENTS AND EMPLOYEES WITH AN OPPORTUNITY TO PARTICIPATE IN A PERIOD OF PRAYER AND READING OF THE BIBLE OR OTHER RELIGIOUS TEXT ON EACH SCHOOL DAY; TO PROVIDE THE TERMS OF THE POLICY; TO PROVIDE FOR CONSENT AND REVOCATION OF CONSENT BY SCHOOL EMPLOYEES AND STUDENTS, OR THE PARENTS OR GUARDIANS OF STUDENTS; TO PROVIDE THE DUTIES OF THE ATTORNEY GENERAL UNDER THIS ACT; TO SPECIFY THAT COMPLIANCE WITH THIS ACT SHALL BE REQUIRED BEGINNING WITH THE 2026-2027 SCHOOL YEAR; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 37-13-61, Mississippi Code of 1972:

37-13-61. (1) This section shall be known and may be cited as the "Mississippi Open to Religion Act."

(2) (a) The governing board of a school district or public charter school shall adopt a policy described by paragraph (b) of this subsection requiring every campus of the district or school to provide students and employees with an opportunity to participate in a period of prayer and reading of the Bible or other religious text on each school day in accordance with this section. Such period may involve opportunities for voluntary participation in individual or group activities.

(b) A policy adopted under this subsection (2) shall include the following statement:

"It is the policy of (insert name of school district or charter school) that every campus of (insert name of district or school) shall provide a period of prayer and reading of the Bible or other religious text as provided by Section 37-13-61, Mississippi Code of 1972. Such period may involve opportunities for voluntary participation in individual or group activities."

(3) A policy adopted under subsection (2) of this section must:

(a) Prohibit a student or employee of the school district or charter school from being permitted to participate in the period of prayer and reading of the Bible or other religious text unless the employee on his own behalf or the parent or guardian of the student submits to the district or school a signed consent form that includes:

(i) An acknowledgment that the student or employee has a choice as to whether to participate in the period of prayer and reading of the Bible or other religious text;

(ii) A statement that the employee on his own behalf or parent or guardian of the student has no objection to participating in or hearing of the prayers or readings offered during the period; and

(iii) An express waiver of the right to bring a claim under state or federal law arising out of the adoption of a policy under this section, including a claim under the Establishment Clause of the First Amendment to the United States Constitution or a related state or federal law, releasing the district or school and district or school employees from liability for those claims brought in state or federal court;

(b) Prohibit the provision of a prayer or reading of the Bible or other religious text over a public address system; and

(c) Specify that a period of prayer or reading of the Bible or other religious text may not be a substitute for instructional time.

(4) An employee on his own behalf or the parent or guardian of a student may revoke consent provided under subsection (3)(a) of this section by informing the appropriate school administrator, as determined by the school district or charter school. An employee or student for whom consent has been revoked under this subsection:

(a) May not participate in the period of prayer and reading of the Bible or other religious text until the employee or parent or guardian of the student submits to the district or school a new consent form under subsection (3)(a) of this section; and

(b) Remains bound by the waiver described by subsection (3)(a)(iii) of this section.

(5) A policy adopted under subsection (2) of this section:

(a) Must include provisions ensuring a prayer or reading of the Bible or other religious text is not knowingly or intentionally provided in the physical presence of, within the hearing of, or in another manner which would constitute an injury in fact within the meaning of the United States or Mississippi Constitution on a person for whom a signed consent form has not been submitted under subsection (3)(a) of this section or has been revoked under subsection (4) of this section; and

(b) In order to comply with this subsection, may allow that the period of prayer and reading of the Bible or other religious text be provided:

(i) Before normal school hours; or

(ii) Only in classrooms or other areas in which a consent form under subsection (3)(a) of this section has been submitted for every employee and student, which may include an entire school district or charter school campus if a consent form has been submitted for each employee and student at the campus.

(6) The attorney general, on request from the governing board of a school district or charter school, shall:

(a) Provide advice on best methods for a district or school to comply with the requirements of this section;

(b) Provide a model consent form that may be used for purposes of providing consent under subsection (3)(a) of this section; and

(c) Defend the district or school in a cause of action arising out of the adoption of a policy under subsection (2) of this section.

(7) If the attorney general defends a school district or charter school under subsection (6)(c) of this section, the state is liable for the expenses, costs, judgments, or settlements of the claims arising out of the representation. The attorney general may settle or compromise any and all claims under this subsection. The state may not be liable for any expenses, costs, judgments, or settlements of any claims arising out of the adoption of a policy under subsection (2) of this section against a district or school not being represented by the attorney general.

(8) This section does not prohibit a student or employee of the district or school from participating in prayer or reading the Bible or other religious text during a period of the school day that is not designated as a period of prayer and reading of the Bible or other religious text. Nothing in this act shall be construed to conflict with Article 8, Section 208 of the Mississippi Constitution. Nothing in this act shall be construed to restrict or limit a student's right to pray or engage in other religious activities or religious expression as provided in Mississippi Code Annotated, Sections 11-6-1, 37–12–1 to 37–12–15, 37-13-4, 37-13-4.1, 37-13-8, inclusive, or provided by the Free Exercise Clause of the First Amendment to the United States Constitution.

(9) Compliance with this section shall be required beginning with the 2026-2027 school year.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.