HB 159

 2026  26LSO-0411
                         STATE OF WYOMING
                         HOUSE BILL NO. HB0159
 Safeguarding personal expression at K-12 schools.
 Sponsored by: Representative(s) Lien, Knapp, Lucas, McCann,
                Neiman and Yin and Senator(s) Hutchings and
                Steinmetz
                                     A BILL
                                      for
1 AN ACT relating to education; specifying protections for
2 speech     and    expression    by    students     at     public       schools;
3 specifying       activities    in    which     students    may     engage     at
4 schools;     specifying       remedies;      authorizing     a        cause   of
5 action;      providing  definitions;        making  conforming
6 amendments; amending the Wyoming Governmental Claims Act;
7 and providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11Section 1.     W.S. 1-39-125 and 21-3-601 are created to
12 read:
13
141-39-125.     Liability;      student    expression       at    schools;
15 waiver.
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1
2(a)   A     governmental    entity      is   liable    for   damages
3 resulting from a violation of W.S. 21-3-601 in accordance
4 with W.S. 21-3-601(g).
5
6(b)   A school as defined by W.S. 21-3-601(a)(i) waives
7 immunity under the eleventh amendment to the United States
8 constitution and consents to suit in a federal court for
9 lawsuits     arising    under     W.S.    21-3-601.       A   school   that
10 violates W.S. 21-3-601 shall not be immune from suit or
11 liability for the violation.
12
13ARTICLE 6
14SAFEGUARDING FREE EXPRESSION
15
1621-3-601.     Protections  for    student       speech    and
17 expression; definitions; remedies.
18
19(a)   As used in this section:
20
21(i)    "School" means any school specified in W.S.
22 21-3-101 and shall not include privately run schools;
23
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1(ii)       "Student" means a person who is enrolled in
2 a school on a full-time or part-time basis.
3
4(b)    No       student    shall       be    discriminated       against   or
5 penalized by a school for engaging in religious, political
6 or ideological speech or expressing a religious, political
7 or ideological viewpoint in the same time, place and manner
8 and    to    the       same   extent   that  other    similarly      situated
9 students may engage in speech or express views at school.
10
11(c)    A     student      may   engage        in    protected     speech    or
12 expression        at    school,    including  but    not   limited    to   the
13 following:
14
15(i)       Expressing        a        religious,      political       or
16 ideological viewpoint on the topic or subject of discussion
17 or study inside of a class or during an instruction period;
18
19(ii)       Expressing  religious,  political        or
20 ideological viewpoints in a homework assignment, artwork,
21 presentation or other written or oral assignment without
22 discrimination or academic penalty based on the religious,
23 political  or     ideological  content       of    the    student's
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1 submission.  The     student's       work    shall    be    assessed   by
2 ordinary academic standards of substance and relevance and
3 against other legitimate pedagogical concerns identified by
4 the school;
5
6(iii)  Organizing  religious,       political        or
7 ideological gatherings before school, during instructional
8 time and after school to the same extent and with the same
9 access       to    school  facilities    as    other   student-initiated
10 gatherings are permitted;
11
12(iv)       Wearing      clothing,       accessories     and   jewelry
13 that display religious, political or ideological messages
14 or religious, political or ideological symbols in the same
15 manner   and        to       the    same   extent     that   other    students   are
16 permitted to wear clothing, accessories and jewelry that
17 display messages and symbols.
18
19(d)        One (1) or more students may organize religious,
20 political  or     ideological       clubs      or   organizations     before,
21 during and after school to the same extent and with the
22 same access to school facilities and to all benefits and
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1 privileges  that     are        afforded     to        other      clubs      and
2 organizations authorized by the school.
3
4(e)    Subject       to    subsection       (f)    of    this      section,   no
5 school       shall    discriminate  against     a     student       club   or
6 organization because of:
7
8(i)     The    religious,  political  or    ideological
9 viewpoints      expressed  by    the    club,     organization  or    the
10 students within the club or organization;
11
12(ii)     Any requirement that the leaders or members
13 of   the     club    or     organization        affirm        and    adhere    to    the
14 organization's  sincerely  held    beliefs,       comply      with     the
15 organization's standards of conduct or further the club's
16 or organization's mission or purpose, as defined by the
17 student club or organization.
18
19(f)    Nothing       in    this    section    shall  be   construed   to
20 prevent a school from prohibiting, limiting or restricting:
21
22(i)     Expression that the first amendment to the
23 United States constitution does not protect;
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2(ii)       Expression that is unwelcome and so severe,
3 pervasive and subjectively and objectively offensive that a
4 student is effectively denied equal access to educational
5 opportunities or benefits provided by the school;
6
7(iii)       Conduct that intentionally, materially and
8 substantially disrupts the operations of the school or the
9 expressive activity of another person if that activity is
10 occurring    in     a    campus    space      reserved     for    that   activity
11 under the exclusive use or control of a particular student,
12 group of students, club or organization.
13
14(g)   Any person or student club or organization that
15 is harmed by a violation of this section or whose rights
16 under   this   section       are    violated       shall    have    a    cause    of
17 action, in accordance with all of the following:
18
19(i)     The person, club or organization  may    seek
20 declaratory        and     injunctive  relief,      monetary      damages,
21 reasonable     attorney  fees       and   costs     and     any       other
22 appropriate relief;
23
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1(ii)     A person, club or organization prevailing
2 in an action under this subsection shall receive not less
3 than five thousand dollars ($5,000.00) in damages. Nothing
4 in     this    paragraph      shall        be    construed      as     limiting     or
5 prohibiting a court from awarding damages up to the amounts
6 specified in or in accordance with W.S. 1-39-118(a) and
7 (b);
8
9(iii)     Any person, club or organization aggrieved
10 by a violation of this section may assert the violation as
11 a    defense    or     counterclaim  in    any    disciplinary  action,
12 administrative proceeding  or lawsuit brought  against the
13 person, club or organization;
14
15(iv)     Nothing        in        this     section  shall   be
16 interpreted to limit any other remedies available at law to
17 any person, club or organization;
18
19(v)     A person, club or organization aggrieved by
20 a violation of this section shall commence an action not
21 later    than    two    (2)    years       after       the    day     the    violation
22 occurs. For purposes of this paragraph, each day that a
23 violation of this section persists or remains in effect
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1 shall constitute a new day that the cause of action has
2 accrued.
3
4Section 2.       W.S. 1-39-104(a) is amended to read:
5
61-39-104.       Granting        immunity       from     tort     liability;
7 liability on contracts; exceptions.
8
9(a)     A governmental entity and  its public employees
10 while    acting       within     the     scope    of    duties        are   granted
11 immunity from liability for any tort except as provided by
12 W.S.     1-39-105      through  1-39-112       and     1-39-122      through
13 1-39-124     1-39-125.     Any     immunity       in    actions       based       on   a
14 contract entered into by a governmental entity is waived
15 except    to    the    extent     provided       by    the     contract      if    the
16 contract was within the powers granted to the entity and
17 was    properly       executed    and       except     as    provided       in    W.S.
18 1-39-120(b). The claims procedures of W.S. 1-39-113 apply
19 to contractual claims against governmental entities.
20
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1Section    3.   This   act    is   effective     immediately   upon
2 completion of all acts necessary for a bill to become law
3 as     provided   by   Article      4,    Section   8   of   the   Wyoming
4 Constitution.
5
6(END)
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