HB0159

Establishes protections for student religious, political, and ideological speech and expression at public K-12 schools, creates a cause of action for violations, and waives governmental immunity for schools that violate these protections.

• Prohibits schools from discriminating against or penalizing students for engaging in religious, political, or ideological speech or expressing viewpoints in the same manner as other similarly situated students. (W.S. 21-3-601(b))
• Permits students to express religious, political, or ideological viewpoints during class discussions and instruction periods on topics under study. (W.S. 21-3-601(c)(i))
• Allows students to include religious, political, or ideological viewpoints in homework, artwork, presentations, and assignments without academic penalty, provided work is assessed by ordinary academic standards of substance and relevance. (W.S. 21-3-601(c)(ii))
• Permits students to organize religious, political, or ideological gatherings before, during, and after school with the same access to school facilities as other student-initiated gatherings. (W.S. 21-3-601(c)(iii))
• Allows students to wear clothing, accessories, and jewelry displaying religious, political, or ideological messages or symbols to the same extent as other students. (W.S. 21-3-601(c)(iv))
• Permits students to form religious, political, or ideological clubs or organizations with equal access to school facilities and benefits as other student clubs. (W.S. 21-3-601(d))
• Prohibits schools from discriminating against student clubs based on their religious, political, or ideological viewpoints or membership requirements related to the organization's mission and beliefs. (W.S. 21-3-601(e))
• Carves out exceptions allowing schools to restrict expression not protected by the First Amendment, severe and pervasive offensive expression that denies equal educational access, or conduct that materially disrupts school operations or others' expression. (W.S. 21-3-601(f))
• Creates a private cause of action for students, clubs, or organizations whose rights are violated, allowing recovery of declaratory and injunctive relief, monetary damages (minimum $5,000), attorney fees, and costs, with a two-year statute of limitations.