Senate Bill No. 289–Senator Washington

March 3, 1999

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Clarifies provision regarding prohibition of nonsecular activities in public schools. (BDR 34-1019)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public schools; clarifying the provision regarding the prohibition of nonsecular activities in the public schools; and providing other matters properly relating thereto.

Whereas, The First Amendment to the United States Constitution

guarantees the free exercise of religion, as does section 4 of article 1 of the

Nevada constitution; and

Whereas, The Equal Access Act enacted by Congress in 1984 was

designed to ensure that, consistent with the First Amendment, religious

activities by pupils are accorded the same access to public school facilities

as are any other nonreligious activities by the pupils; and

Whereas, The provisions of article 11 of the Nevada constitution that

prohibit sectarian instruction in the common schools and universities in this

state and prohibit the expenditure of public money for sectarian purpose

must be considered together with the aforementioned constitutional

guarantees of free religious expression; and

Whereas, On July 12, 1995, in remarks regarding religious liberty in

this country, President Clinton said that some school officials, teachers and

parents incorrectly "believe that the Constitution forbids any religious

expression at all in public schools" even though our courts have made it

clear that religious expression must not be denied as long as it is not

sponsored by school officials and it does not interfere with the rights of the

other pupils; and

Whereas, Because of the continued misinterpretation of the

Constitution as it relates to the voluntary expression of religion by pupils in

their art projects, homework assignments, class presentations, clothing and

extracurricular clubs, President Clinton directed the Secretary of Education

and the Attorney General to provide every school district in America with a

statement of principles addressing the extent to which religious expression

and activity are permitted in our public schools; and

Whereas, On August 10, 1995, such a statement of principles was

issued with a statement from the Secretary of Education that reminded the

local school superintendents of two basic and equally important obligations

on public school administrators in their dealings with religion: First, that

public schools may not forbid pupils who are acting on their own from

expressing their personal religious views or beliefs solely because they are

of a religious nature, but must instead give pupils the same right to engage

in religious activity and discussion as they have to engage in other

comparable nonreligious activity; and secondly, that schools may not

endorse religious activity or doctrine, nor may they coerce participation in

religious activity or allow the religious expression by one pupil to interfere

unreasonably with the activity of others; and

Whereas, The Secretary of Education acknowledged that the

implementation of these principles by school administrators must depend

on their careful application of the principles to each specific factual

situation based on a full understanding of the relevant constitutional and

statutory obligations; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1 Section 1. NRS 388.150 is hereby amended to read as follows:

2-2 388.150 1. No books, tracts or papers of a sectarian or

2-3 denominational character may be used or introduced in any public school

2-4 established pursuant to the provisions of this Title of NRS, nor may any

2-5 sectarian or denominational doctrines be taught in any public school.

2-6 2. Any school district or charter school whose officers knowingly allow

2-7 any public schools to be taught in violation of this section forfeits all right

2-8 to any public school funds.

2-9 3. Nothing in this section:

2-10 (a) Prohibits a school district or charter school from complying with

2-11 applicable federal laws, such as the Equal Access Act, 20 U.S.C. §§ 4071

2-12 et seq.; or

2-13 (b) Requires a school district or charter school to administer rules that

2-14 discriminate against or discourage voluntary religious activity or speech

2-15 by pupils on school property.

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