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 bracketsWhereas, 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: 388.150 1. No books, tracts or papers of a sectarian or2-3
denominational character may be used or introduced in any public school2-4
established pursuant to the provisions of this Title of NRS, nor may any2-5
sectarian or denominational doctrines be taught in any public school.2-6
2. Any school district or charter school whose officers knowingly allow2-7
any public schools to be taught in violation of this section forfeits all right2-8
to any public school funds.2-9
3. Nothing in this section prohibits a school district or charter school2-10
from complying with applicable federal laws, such as the Equal Access2-11
Act, 20 U.S.C. §§ 4071 et seq.~