Senate Bill 2677

AN ACT TO AMEND SECTIONS 37-12-5, 37-12-7, 37-12-11, 37-13-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A FRAMED COPY OF THE TEN COMMANDMENTS SHALL BE ON DISPLAY IN EVERY CLASSROOM; TO SET THE SIZE REQUIREMENTS FOR THE TEN COMMANDMENTS AND THE U.S. FLAG THAT MUST BE DISPLAYED IN EVERY CLASSROOM; TO PROHIBIT STAFF AND FACULTY OF SCHOOL DISTRICTS FROM DISCRIMINATION AND REPRISAL BASED ON RELIGIOUS VIEWS AND BELIEFS; TO PROVIDE THAT THERE SHALL BE A NONDENOMINAL PRAYER SAID AT THE START OF EACH SCHOOL DAY IN EACH PUBLIC AND CHARTER SCHOOL IN THE STATE; TO PROVIDE THAT ANY STUDENT OR FACULTY MEMBER NOT WISHING TO TAKE PART IN THE DAILY PRAYER OR PLEDGE OF ALLEGIANCE SHALL NOT BE REQUIRED TO PARTICIPATE; TO REQUIRE THE PROVISIONS OF THIS ACT TO BE APPLICABLE BEGINNING IN THE 2024-2025 SCHOOL YEAR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-12-5, Mississippi Code of 1972, is amended as follows:

37-12-5. (1) 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 content of their work. If an assignment requires a student's viewpoint to be expressed in coursework, artwork or other written or oral assignments, a public school shall not penalize or reward a student on the basis of religious content or a religious viewpoint. In such an assignment, 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.

(2) A framed copy of the Ten Commandments in a size and typeface that is legible to a person with average vision shall be on display in every classroom. The copy shall be at least sixteen inches (16") wide and twenty inches (20") tall.

(3) Staff and faculty of school districts shall be free from discrimination and reprisal based on religious views and beliefs.

SECTION 2. Section 37-12-7, Mississippi Code of 1972, is amended as follows:

37-12-7. Students in public schools may pray or engage in religious activities or religious 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 noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular 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 sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

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.

In each public school and charter school in the state, a nondenominational prayer shall be said over the PA System and in each classroom at the start of each scheduled school day.

SECTION 3. Section 37-12-11, Mississippi Code of 1972, is amended as follows:

37-12-11. (1) This chapter shall not be construed to authorize this state or any of its political subdivisions to do either of the following:

(a) Require any person to participate in prayer or in any other religious activity.

(b) Violate the constitutional rights of any person.

(2) Any student or faculty member not wishing to take part in the daily prayer or Pledge of Allegiance shall not be required to participate. Such student or faculty may remain seated at their desk and silent during the prayer and/or Pledge of Allegiance, as applicable.

SECTION 4. Section 37-13-6, Mississippi Code of 1972, is amended as follows:

37-13-6. (1) The flag of the United States shall be displayed in close proximity to the school building, on a proper staff, at all times during the hours of daylight when the school is in session when the weather will permit without damage to the flag. In addition, the flag of the United States shall be displayed in each classroom and in each principal room of the school building at all times while school is in session; provided that such flag shall be at least thirty six inches (36") long and twenty four inches (24") tall. It shall be the duty of the school boards of each school district to provide for the flags, proper flag staffs and their proper display. Each school district shall provide student instruction in the proper etiquette toward, correct display of, and respect for the flag, and in patriotic exercises. The instruction shall be a part of the district's fifth grade social studies curriculum or history curriculum, with the assistance of the State Department of Education.

(2) From and after July 1, 2002, the school boards of all public schools of this state shall require the teachers under their control to have all pupils repeat the oath of allegiance to the flag of the United States of America at the beginning of the first hour of class each day school is in session, such oath of allegiance being as follows:

"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

Any student or teacher who objects to reciting the oath of allegiance shall be excused from participating without penalty.

SECTION 5. The provisions of this act shall not be construed to expressly grant any additional rule-making authority to a state officer, institution, political subdivision or agency.

SECTION 6. The provisions of this act shall be applicable beginning in the 2024-2025 school year.

SECTION 7. This act shall take effect and be in force from and after its passage.