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JEFFERSON CITY – By his own admission, Rep. Elijah Haahr’s bill on students’ religious liberties does not give students any new rights. Instead, the bill would put those rights into law.
Haahr encountered both praise and skepticism Wednesday as he presented House Bill 1303 to the House Committee on Elementary and Secondary Education. The bill prohibits school districts from discriminating against students on the basis of a religious viewpoint or expression.
“In my opinion, this is a reasonable, balanced protection. All it does is codify what current case law says into statute,” Haahr, R-Springfield, said.
The bill says that students may express their religious beliefs in homework, artwork and other assignments without discrimination.
In addition, students are allowed to pray or hold religious activities such as prayer groups during the school day in the same manner secular activities are allowed. Haahr said all of these rights have already been established through previous court rulings.
Haahr said a constituent asked him to sponsor the legislation. Other states, including Arizona, Texas and Mississippi, have passed similar bills. Haahr said he took the language verbatim from the bill passed by Mississippi lawmakers.
In discussing the need for a law, Haahr cited two examples: one from December when a first-grader in California giving a presentation on Christmas was told to stop by a teacher after she talked about the story of Jesus’ birth; and another from September in Tennessee when students were asked to write a report about their idol and one student wrote about God but was told that was not appropriate.
Haahr said he had dozens of other examples, but under questioning, he could not name an example in Missouri.
He said when teachers or school employees violate a student’s religious liberties, it is the district that can face civil litigation. Haahr argues his bill, by laying out in statute what rights students have, helps districts ensure they are not violating student rights.
“This would protect them by giving them some clear direction, at least through state statute,” Haahr said.
Joe Ortwerth, director of the Missouri Family Policy Council, said Haahr’s bill would help enforce a change to the Missouri Constitution approved by voters in 2012 often called the “Prayer Amendment,” or Amendment 2. The amendment reiterated students’ right to pray in school. It passed overwhelmingly.
“This legislation that Rep. Haahr has introduced answers a question that was often asked over the whole debate over Amendment 2 back in 2011, and that was: How is this actually going to work in practice on the ground?” Ortwerth said. “What Rep. Haahr has done is to delineate in statutory language that wouldn’t have been appropriate for the constitution exactly how these rights are exercised, what form and fashion they are exercised.”
Rep. Vicki Englund, D-St. Louis, said she did not see how Haahr’s bill could be enforced. The legislation does not lay out penalties if the law is violated. Haahr said parents would be able to sue if they believe their child’s religious rights were violated, which did not appear to be enough for Englund.
“There will be consequences the school board will come up with on the employee side. However teachers are reprimanded, they’ll probably have a report that goes to the board; the board will be aware of it. But from the parental redress side, the only thing they can do, or maybe can’t, is a civil lawsuit,” Englund said.
Kerry Messer, lobbyist for the Missouri Baptist Convention, said the bill allows school districts to retain local control. The bill establishes guidelines for the districts to create their own policies, he said.
The bill requires districts to create a policy to prevent religious discrimination by schools. The bill says that the policy must treat any school event at which a student is to speak publicly, including graduation ceremonies, as a “limited public forum.”
That means the school could not discriminate against students’ expression of a religious viewpoint if they are addressing the topic at hand. The school would also have to state, either verbally or in writing, that the student’s speech is not endorsed by the district.
Nixa Superintendent Stephen Kleinsmith told the News-Leader that public schools must be inclusive and he doesn’t want to do anything to stifle students’ ability to communicate and express themselves. But, he pointed out, there are other places — including churches and homes — where students can express their beliefs.
“(Public schools) are available to students of any faith and to non-believers,” he said.
News-Leader reporter Claudette Riley contributed to this story.
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