H 835

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  HB 835  2026
1A bill to be entitled
2An act relating to freedom of speech and religious
3expression in public schools; amending s. 1002.206,
4F.S.; prohibiting a school district from
5discriminating against students or school personnel on
6the basis of political or ideological viewpoints or
7expression; prohibiting penalty or reward for a
8student's political or ideological expression in
9coursework, artwork, or other specified assignments;
10authorizing a student to wear clothing, accessories,
11and jewelry displaying political or ideological
12messages or symbols; authorizing a student to engage
13in political or ideological activities or expression;
14authorizing a student to organize political or
15ideological groups, clubs, and other gatherings;
16requiring that a school district provide political or
17ideological groups with equal access to school
18facilities; authorizing political or ideological
19groups to advertise or announce meetings in the same
20manner and to the same extent as other groups;
21requiring that the Department of Education develop and
22publish a model policy regarding a limited public
23forum and political or ideological expression;
24providing construction; creating a private cause of
25action for persons and student clubs or groups harmed
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26by specified violations; providing for specified
27awards to such persons and clubs or groups;
28authorizing such persons and clubs or groups to use
29specified violations as a defense or counterclaim
30under certain circumstances; providing applicability;
31requiring such actions to be brought within a
32specified period of time; providing that state waives
33specified immunity; providing school district
34liability; providing severability; providing an
35effective date.
36
37    Be It Enacted by the Legislature of the State of Florida:
38
39Section 1.        Section 1002.206, Florida Statutes, is amended
40    to read:
411002.206  Freedom of speech and religious expression in
42    public schools.—
43(1)     This section may be cited as the "Florida Student and
44    School Personnel First Amendment and Religious Liberties Act."
45(2)     A school district may not discriminate against a
46    student, parent, or school personnel on the basis of a religious
47    viewpoint or religious expression. A school district may not
48    discriminate against or penalize a student on the basis of
49    expressing a religious, political, or ideological viewpoint or
50    for engaging in religious, political, or ideological expression
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51    in the same time, place, and manner and to the same extent that
52    other similarly situated students may engage in speech or
53    express views at a public school. A school district shall treat
54    a student's voluntary expression of a religious, political, or
55    ideological viewpoint on an otherwise permissible subject in the
56    same manner that the school district treats a student's
57    voluntary expression of any other a secular viewpoint.
58(3)(a)      A student may express his or her religious,
59    political, or ideological beliefs in coursework, artwork, and
60    other written and oral assignments free from discrimination or
61    academic penalty. A student's homework and classroom assignments
62    shall be evaluated, regardless of their religious, political, or
63    ideological content, based on expected academic standards
64    relating to the course curriculum and requirements. A student
65    may not be penalized or rewarded based on the religious,
66    political, or ideological content of his or her work if the
67    coursework, artwork, or other written or oral assignments
68    require a student's viewpoint to be expressed.
69(b)     A student may wear clothing, accessories, and jewelry
70    that display a religious, political, or ideological message or
71    symbol in the same manner and to the same extent that other
72    secular types of clothing, accessories, and jewelry that display
73    messages or symbols are permitted to be worn.
74(4)(a)      A student may pray or engage in or organize
75    religious, political, or ideological activities or religious,
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76     political, or ideological expression before, during, and after
77     the school day in the same manner and to the same extent that a
78     student may engage in other secular activities or expression. A
79     student may organize prayer groups or, religious, political, or
80     ideological clubs, and other religious, political, or
81     ideological gatherings before, during, and after the school day
82     in the same manner and to the same extent that a student is
83     permitted to organize other secular activities, clubs,
84     gatherings, and groups. A school district may not discriminate
85     against a student club or group based on:
861.      The religious, political, or ideological viewpoints
87     expressed by the students or the club; or
882.      Any requirement that the leaders or members of the club
89     affirm and adhere to the club's sincerely held beliefs, comply
90     with the club's standards of conduct, or further the club's
91     mission or purpose, as defined by the student club.
92(b)1.       A school district may not prevent school personnel
93     from participating in religious activities on school grounds
94     that are initiated by students at reasonable times before or
95     after the school day if such activities are voluntary and do not
96     conflict with the responsibilities or assignments of such
97     personnel.
982.      A school district shall comply with the federal
99     requirements in Title VII of the Civil Rights Act of 1964, which
100    prohibits an employer from discriminating against an employee on
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101    the basis of religion.
102(c)      A school district shall give a religious, political,
103    or ideological group access to the same school facilities for
104    assembling as given to other secular groups without
105    discrimination based on the religious, political, or ideological
106    content of the group's expression. A group that meets for prayer
107    or other religious, political, or ideological speech may
108    advertise or announce its meetings in the same manner and to the
109    same extent that another a secular group may advertise or
110    announce its meetings.
111(5)(a)      A school district shall adopt a policy that
112    establishes a limited public forum for student speakers at any
113    school event at which a student is to speak publicly. The
114    limited public forum policy shall require the school district
115    to:
1161.      Provide the forum in a manner that does not
117    discriminate against a student's voluntary expression of a
118    religious, political, or ideological viewpoint on an otherwise
119    permissible subject;
1202.      Provide a method based on neutral criteria for the
121    selection of student speakers at school events, activities, and
122    graduation ceremonies;
1233.      Ensure that a student speaker does not engage in
124    obscene, vulgar, offensively lewd, or indecent speech; and
1254.      State in written or oral form that the student's speech
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126    does not reflect the endorsement, sponsorship, position, or
127    expression of the school district.
128(b)     The school district shall deliver the disclaimer
129    required in subparagraph (a)4. at all graduation events and any
130    other event at which a student speaks publicly.
131(c)     Student expression of a religious, political, or
132    ideological viewpoint on an otherwise permissible subject may
133    not be excluded from the limited public forum.
134(6)     The Department of Education shall develop a model
135    policy regarding a limited public forum and voluntary expression
136    of religious, political, or ideological viewpoints by students
137    and school personnel in public schools pursuant to this section.
138    The department shall publish the model policy on its website.
139    Each district school board shall adopt and implement the
140    department's model policy.
141(7)     This section does not prevent a school district from
142    prohibiting, limiting, or restricting:
143(a)     Expression that the First Amendment of the United
144    States Constitution does not protect.
145(b)     Expression that is unwelcome, and so severe,
146    pervasive, and subjectively and objectively offensive, that a
147    student is effectively denied equal access to educational
148    opportunities or benefits provided by the school.
149(c)     Conduct that intentionally, materially, and
150    substantially disrupts:
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1511.      The operations of the school; or
1522.      The expressive activities of another person if that
153    activity is occurring on campus in a space reserved for that
154    activity under the exclusive use or control of a particular
155    student, group of students, or group or club.
156(8)(a)      Any person or student club or group who is harmed
157    by a violation of this section, or whose rights under this
158    section are violated, shall have a private cause of action
159    against the school district for declaratory and injunctive
160    relief, statutory punitive damages, reasonable attorney fees and
161    costs, and any other appropriate relief.
162(b)      If a person or student club or group prevails in any
163    such action, the person or student club or group shall be
164    awarded statutory punitive damages in an amount of at least
165    $15,000, not to exceed $25,000.
166(c)      Any person or student club or group aggrieved by a
167    violation of this section may assert such violation as a defense
168    or counterclaim in any disciplinary action or in any civil or
169    administrative proceedings brought against such person or
170    student club or group.
171(d)      Nothing in this section shall be interpreted to limit
172    any other remedies available to any student or student club or
173    group.
174(e)      A person or student club or group shall be required to
175    bring suit for violation of this section not later than 2 years
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176    after the day the cause of action accrues. For purposes of
177    calculating the 2-year limitation period, each day that the
178    violation persists, and each day that a policy in violation of
179    this section remains in effect, shall constitute a new day that
180    the cause of action has accrued.
181(9)(a)        A school district that violates this section is not
182    immune from suit or liability for such violation and is not
183    immune from civil suit in federal court.
184(b)     The state waives immunity under the Eleventh Amendment
185    of the United States Constitution and consents to suit in a
186    federal court for lawsuits arising out of this section. A school
187    that violates this section is not immune from suit or liability
188    for the violation.
189(10)        If any provision of this section or its application
190    to any person or circumstance is held invalid, the invalidity
191    does not affect other provisions or applications of this section
192    which can be given effect without the invalid provision or
193    application, and to this end the provisions of this act are
194    severable.
195Section 2.        This act shall take effect July 1, 2026.
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