Section 1. Definitions. 

A. “School” means a public school teaching any student in grades kindergarten through the twelfth grade. 

B. “Student” means an individual who is enrolled at a school on a full-time or part-time basis. 

Section 2. Protections for Student Speech and Expression. 

A. No student shall be discriminated against or penalized by a school for engaging in religious, political, or ideological speech or expressing a religious, political, or ideological viewpoint in the same time, place, and manner and to the same extent that other similarly situated students may engage in speech or express views at school. 

B. A student may engage in protected speech or expression at school, including but not limited to: 

• (a) Expressing a religious, political, or ideological viewpoint on the topic or subject of discussion or study inside of class; 
• (b) Expressing religious, political, or ideological viewpoints in a homework assignment, artwork, presentation, or other written or oral assignments without discrimination or academic penalty based on the religious, political, or ideological content of the students’ submissions. The student’s work must be assessed by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school; 
• (c) Organizing religious, political, or ideological gatherings before, during, and after school to the same extent and with the same access to school facilities as other student-initiated gatherings are permitted; and 
• (d) Wearing clothing, accessories, and jewelry that display religious, political, or ideological messages or religious, political, or ideological symbols in the same manner and to the same extent that other students are permitted to wear clothing, accessories, and jewelry that display messages and symbols. 

C. One or more students may organize religious, political, or ideological clubs before, during, and after school to the same extent and with the same access to school facilities and to all benefits and privileges that are afforded to other clubs authorized by the school. A school shall not discriminate against a student club because of: 

• (a) The religious, political, or ideological viewpoints expressed by the students or the organization; or 
• (b) Any requirement that the leaders or members of the club affirm and adhere to the organization’s sincerely held beliefs, comply with the organization’s standards of conduct, or further the organization’s mission or purpose, as defined by the student organization. 

Section 3. Limitations. 

A. Nothing in this Act shall be interpreted as preventing a school from prohibiting, limiting, or restricting: 

• (a) Expression that the First Amendment does not protect, such as true threats, obscenity, and expression directed to provoke imminent lawless actions and likely to produce it; 
• (b) Expression that is unwelcome, and so severe, pervasive, and subjectively and objectively offensive, that a student is effectively denied equal access to educational opportunities or benefits provided by the school; or 
• (c) Conduct that intentionally, materially, and substantially disrupts: 
  • (i) The operations of the school; or
  • (ii) The expressive activity of another individual if that activity is occurring in a campus space reserved for that activity under the exclusive use or control of a particular student, group of students, or club. 

Section 4. Remedies for Violations. 

A. Any person or student organization who is harmed by a violation of this Act or whose rights under this Act are violated shall have a private cause of action against the school for declaratory and injunctive relief, monetary damages, reasonable attorney’s fees and costs, and any other appropriate relief.  

B. If a court should find a violation of this Act, it shall issue an award of at least [insert amount]. 

C. Any person or student organization aggrieved by a violation of this Act may assert such violation as a defense or counterclaim in any disciplinary action or in any civil or administrative proceedings brought against such person or student organization. 

D. Nothing in this Act shall be interpreted to limit any other remedies available to any student or student organization.  

Section 5. Statute of Limitations. 

A person or student organization shall be required to bring suit for violation of this Act not later than two years after the day the cause of action accrues. For purposes of calculating the two-year limitation period, each day that the violation persists, and each day that a policy in violation of this Act remains in effect, shall constitute a new day that the cause of action has accrued.  

Section 6. Immunity. 

The state waives immunity under the Eleventh Amendment of the United States Constitution and consents to suit in a federal court for lawsuits arising out of this Act. A school that violates this act is not immune from suit or liability for the violation. 

Section 7. Severability.  

The provisions of this Act are hereby declared to be severable, and if any provision of this Act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Act.  

Section 8. Effective Date. 

This Act shall take effect upon its passage.