LC 1.18 Students Have Rights Too Act.

[lfromnj]

SECTION I: NAME
1. This act shall be called the Students Have Rights Too Act.

SECTION II: STUDENT RIGHTS IN PUBLIC PRIMARY AND SECONDARY SCHOOLS
1. Public school districts shall not discriminate against students or parents on the basis of their religious viewpoints or expressions of religion.
2. Students may wear clothing, accessories and jewelry that display religious messages or symbols in the same manner and to the same extent that other types of clothing, accessories and jewelry that display messages or symbols are permitted.
3. Students may express their beliefs about their religion in their class assignments, discussions, and artwork free of discrimination based on the religious content of their submissions. Such work must be evaluated by ordinary academic standards of substance and relevance. If assignments or artwork containing religious viewpoints are shown or made available to parents, the community, or the general public, it must be accompanied with a disclaimer that the viewpoints expressed are those of the student and are not endorsed by the school district.
4. Students in public schools may pray or engage in religious activities or religious expression before, during and after the school day in the same manner and to the same extent that students may engage in secular student-led activities or expression. Students may organize prayer groups, religious clubs, “see you at the pole” gatherings, or other religious gatherings before, during, and after school to the same extent that students may organize or participate in other extracurricular gatherings and groups. Religious groups must be granted the same access to school facilities as other student extracurricular groups.
5. Student-led religious groups or organizations may invite outside guests, such as clergy, religious leaders or parents, to speak, teach, or lead prayers at group meetings. Invited guests must be approved by school administration, pass a school district-approved background check, and not teach or endorse any viewpoints that are contrary to the law or school district curriculum. Guests may not be paid or materially reimbursed in any way by the school district, parent association, or student association.
6. Students who speak in public forums such as assemblies, morning announcements, graduation ceremonies, and sporting events shall be free to express their religious viewpoints to the extent that secular viewpoints would be permitted. Students who speak in such forums shall be selected based on neutral criteria. School districts and individual schools are free to establish time limits and other restrictions that do not infringe student expression. School administrators must provide disclaimers that student viewpoints are those of the student and are not endorsed by the school district through all relevant channels, including but not limited to oral announcement and written disclaimers in in the event program.
7. This act is not intended to, nor shall it be construed to, authorize this region or any of its political or administrative subdivisions to:
a. Require any person to participate in prayer or other religious activities.
b. Violate the constitutional rights of any person.
8. Upon reasonable suspicion of criminal activity, any educational personnel may request consent to search any student's belongings and/or property. The student that would be searched may, if they see fit, refuse consent to any such search. Such a refusal is not to be construed as insubordination. The taking of any disciplinary action by any educational official, as a response to refusal of consent to a request to search, is hereby prohibited. Nothing in this section shall be construed as prohibiting the right of an educational official to acquire a warrant for any search, to search when a warrant is possessed, or to search when a warrant is not required. Nothing in this section shall be construed as prohibiting "probable cause" based searches. Nothing in this section shall be construed as giving students property rights in an assigned locker, desk, or workspace.
9. Section IV of the Lincoln Gun Control Act mandating school employees search every item that enters a school before it enters a school is hereby repealed.
10. No student shall be required to obtain permission to possess lotion or sunscreen while at school.
11. No public school district may prohibit students from carrying bags or purses that are not transparent.
12. Any public school system may allow students in the same administrative district who are enrolled in a lawful home school program to participate in extracurricular activities conducted by the public school system, provided the home school students are subject to the same waiver of liability applicable to public school students.

SECTION III: STUDENT RIGHTS IN PUBLIC COLLEGES AND UNIVERSITIES
1. Every public College and University in Lincoln has an obligation to protect peaceful expressive activities by enrolled students. Any enrolled student who: physically obstructs another enrolled student or their guest from engaging in protected expressive activities or who causes a disruption for the purpose of preventing another enrolled student or their guest from engaging in protected expressive activities, shall be sanctioned by the College. Any student sanctioned under this subsection on 3 separate occasions, shall be suspended from the College for 1 year following a hearing. Any enrolled student who causes a disruption for the purpose of preventing another enrolled student or their guest from engaging in protected expressive activities by falsely pulling a fire alarm, threatening violence, or committing actual violence, shall be suspended from the college for 1 year, following a hearing.
2. Any outdoors public space on a public College, other than roadways, is a public forum. No public College may maintain a speech code prohibiting expressive activities in a public forum, other than enforcing reasonable noise limits between the hours of 11 P.M. and 7 A.M.
3. No public College shall consider the race or religion of any student when determining dormitory assignments.
4. Any student enrolled in a public College in Lincoln who has been accused of a crime, shall be entitled to due process prior to being suspended from the college. This shall include adequate notice of the time of, place of, and accusations being presented during a fair and impartial hearing, the right to attend the hearing with legal counsel, the right to offer evidence to challenge the accusations, the right to make a record or transcript of the hearing, and the right to address the hearing prior to a final decision.
5. No person enrolled in a public College or University who may lawfully own a weapon or firearm shall be prevented from storing their weapon or firearm inside a locked vehicle which is lawfully parked upon the boundaries of a public College.
6. The failure by any public College in Lincoln to abide by these requirements, shall result in a 25% reduction of funding.
7. The following information shall not be subject to Lincoln FOIA laws:
a.) The name, address, any identifying information, and any contact information of any student in a public school or public college in Lincoln.

SECTION IV: ENACTMENT
1. This act shall take effect forty-five (45) days after passage.

[/quote]

sponsor Thr33

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Do sponsors not even advocate for their own bills in Lincoln these days?

[Sirius_]

"morning announcements" should be stricken, as a backwards provision re-allowing schoolwide prayer, against the will of students.

[Peanut]

Councillors, I would appreciate some debate here. Please make yourselves seen.

[Mr. Reactionary]

The Supreme Court, in Tinker v. Des Moines aptly pointed out that students don't shed their rights at the schoolhouse gates. Public schools ARE the government as far as the bill of rights is concerned. Much of Section 2 is to codify court interpretations and amplify student freedoms without resulting in too much disruption to the schools.

2-1 is an express prohibition on public school discrimination against religions as described below.

2-2 and 2-6 protects religious expression by prohibiting the singling out of religious clothing, individual viewpoints on religion expressed during assignments, private discussions when allowed, allowable clubs, and student personal sperches respectively for adverse treatment.

2-7 codifies Supreme court protections against forced or coerced prayer or religious participation.

2-8 prevents arbitrary warrantless searches of students at school.

2-9 repeals an unrealistic mandate on Lincoln schools to literally search every single visitor coming to a school before they even set foot in the building. That demand on staffing is burdensome and unrealistic especially with the frequency at which food deliveries have to be made.

2-10 and 2-11 eliminate burdensome rules that have no tangible benefit.

2-12 expands access to extracurricular activities to homeschool students.

Section 3 pertains to public colleges and is also aimed at amplifying the protections of the bill of rights.

3-1 prohibits certain forms of violence and intimidation designed to deprive others of their civil rights.

3-2 carifies public forums on campus.

3-3 prohibits segregated housing on campus

3-4 extends minimal due process to student disciplinary hearings.

3-5 protects permitted persons who commute to school and store their gun in a locked car

3-6 is the enforcement mechanism

3-7 protects certain student information from being FOIAed

[Mr. Reactionary]

Do sponsors not even advocate for their own bills in Lincoln these days?

The government broke for a few days, remember.

[Sirius_]

I propose the following amendment:

6. Students who speak in public forums such as assemblies, morning announcements, graduation ceremonies, and sporting events shall be free to express their religious viewpoints to the extent that secular viewpoints would be permitted. Students who speak in such forums shall be selected based on neutral criteria. School districts and individual schools are free to establish time limits and other restrictions that do not infringe student expression. School administrators must provide disclaimers that student viewpoints are those of the student and are not endorsed by the school district through all relevant channels, including but not limited to oral announcement and written disclaimers in in the event program.

While I have no issue with students doing their religion things in their own gatherings, everyone shouldn't be subjected to it every morning.

[Comrade Funk]

I have no problems with religious clubs before and after school inviting guests, but as long as this does not take place during school hours.

[Mr. Reactionary]

I have no problems with religious clubs before and after school inviting guests, but as long as this does not take place during school hours.

As worded, it would only take place during the day on an equal footing with other types of clubs. Maybe like during a free period or lunch break. If other clubs can meet then then religious clubs can as well but does not create an affirmative right to do so if no other clubs are permitted to meet during school. This is basically codifying a few Supreme court cases from the 90s.

[Mr. Reactionary]

<('.'<)
 Kirby

[Mr. Reactionary]

Umpteenth bump since Parliament is a pathetic, broken system. Im going to continue to bump these until they are addressed. Whoever in hell thought it would be ok for the government to take a month off each session and do nothing should be impeached. Its been weeks with literally no actions taken even though there are bills on the floor. Please tell me this dumb body atleast takes office immediately after an election instead of after an additional lame duck period post election. Because if not we are talking the entire month of April off which is garbage governing. Seriously, who in the hell thought it was a good idea to just stop the sessions weeks before an election when there are frickin bills on the floor?

[AustralianSwingVoter]

Umpteenth bump since Parliament is a pathetic, broken system. Im going to continue to bump these until they are addressed. Whoever in hell thought it would be ok for the government to take a month off each session and do nothing should be impeached. Its been weeks with literally no actions taken even though there are bills on the floor. Please tell me this dumb body atleast takes office immediately after an election instead of after an additional lame duck period post election. Because if not we are talking the entire month of April off which is garbage governing. Seriously, who in the hell thought it was a good idea to just stop the sessions weeks before an election when there are frickin bills on the floor?

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

[Mr. Reactionary]

Umpteenth bump since Parliament is a pathetic, broken system. Im going to continue to bump these until they are addressed. Whoever in hell thought it would be ok for the government to take a month off each session and do nothing should be impeached. Its been weeks with literally no actions taken even though there are bills on the floor. Please tell me this dumb body atleast takes office immediately after an election instead of after an additional lame duck period post election. Because if not we are talking the entire month of April off which is garbage governing. Seriously, who in the hell thought it was a good idea to just stop the sessions weeks before an election when there are frickin bills on the floor?

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

That means what,  it adjourned a few days ago? There's been no activity for weeks already before adjournment. Hell, the time between when this hit the floor and when the next session swears in is probably gonna be a longer period than the entirety of the dumb Parliament debate and ratification including the election vote. That's deplorable governing. Im struggling to avoid insults here, but I think its obvious who is to blame for Lincoln effectively taking an entire frickin month off from doing their job.

[Sirius_]

Umpteenth bump since Parliament is a pathetic, broken system. Im going to continue to bump these until they are addressed. Whoever in hell thought it would be ok for the government to take a month off each session and do nothing should be impeached. Its been weeks with literally no actions taken even though there are bills on the floor. Please tell me this dumb body atleast takes office immediately after an election instead of after an additional lame duck period post election. Because if not we are talking the entire month of April off which is garbage governing. Seriously, who in the hell thought it was a good idea to just stop the sessions weeks before an election when there are frickin bills on the floor?

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

That means what,  it adjourned a few days ago? There's been no activity for weeks already before adjournment. Hell, the time between when this hit the floor and when the next session swears in is probably gonna be a longer period than the entirety of the dumb Parliament debate and ratification including the election vote. That's deplorable governing. Im struggling to avoid insults here, but I think its obvious who is to blame for Lincoln effectively taking an entire frickin month off from doing their job.

This is completely out of line for a game moderator who is resident of another region. Especially when we have more interest in serving in the regional government in Lincoln right now than there has ever been.

[YE]

Umpteenth bump since Parliament is a pathetic, broken system. Im going to continue to bump these until they are addressed. Whoever in hell thought it would be ok for the government to take a month off each session and do nothing should be impeached. Its been weeks with literally no actions taken even though there are bills on the floor. Please tell me this dumb body atleast takes office immediately after an election instead of after an additional lame duck period post election. Because if not we are talking the entire month of April off which is garbage governing. Seriously, who in the hell thought it was a good idea to just stop the sessions weeks before an election when there are frickin bills on the floor?

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

That means what,  it adjourned a few days ago? There's been no activity for weeks already before adjournment. Hell, the time between when this hit the floor and when the next session swears in is probably gonna be a longer period than the entirety of the dumb Parliament debate and ratification including the election vote. That's deplorable governing. Im struggling to avoid insults here, but I think its obvious who is to blame for Lincoln effectively taking an entire frickin month off from doing their job.

A bill was signed five days ago. Next session, for reference, swears in a week from tomorrow.

[Mr. Reactionary]

Umpteenth bump since Parliament is a pathetic, broken system. Im going to continue to bump these until they are addressed. Whoever in hell thought it would be ok for the government to take a month off each session and do nothing should be impeached. Its been weeks with literally no actions taken even though there are bills on the floor. Please tell me this dumb body atleast takes office immediately after an election instead of after an additional lame duck period post election. Because if not we are talking the entire month of April off which is garbage governing. Seriously, who in the hell thought it was a good idea to just stop the sessions weeks before an election when there are frickin bills on the floor?

The Council is adjourned a week before the election, per the constitution. So there is actually a valid reason why there is no debate here, there is no Council currently sitting to debate this.
And they swear in the Tuesday after the election, so thank god for small mercies.

That means what,  it adjourned a few days ago? There's been no activity for weeks already before adjournment. Hell, the time between when this hit the floor and when the next session swears in is probably gonna be a longer period than the entirety of the dumb Parliament debate and ratification including the election vote. That's deplorable governing. Im struggling to avoid insults here, but I think its obvious who is to blame for Lincoln effectively taking an entire frickin month off from doing their job.

This is completely out of line for a game moderator who is resident of another region. Especially when we have more interest in serving in the regional government in Lincoln right now than there has ever been.

Probably because its broken.

[Sirius_]

I once again propose my previous amendment, this time sponsoring it as a member of the council.

[S019]

I declare my opposition to this theocratic legislation

[Mr. Reactionary]

I declare my opposition to this theocratic legislation

How is saying all religions are protected theocratic? All this does is prohibit schools from punishing students for their lawful religious beliefs regardless of religion or sect? Why should a Muslim student be punished for wearing a hijab to school or praying outside during a free period? Why should a Buddhist student be punished for discussing how Buddhas teachings influenced her life during a valedictorian speech? Students have rights too.

[Former President tack50]

I declare my opposition to this theocratic legislation

Same. I would say that only the few last points of Section II and a handful in Section III are savable, but I am in opposition to roughly 80% of the bill.

[Mr. Reactionary]

I declare my opposition to this theocratic legislation

Same. I would say that only the few last points of Section II and a handful in Section III are savable, but I am in opposition to roughly 80% of the bill.

Is that because you oppose freedom for students, freedom of speech, or freedom generally?

[Former President tack50]

I declare my opposition to this theocratic legislation

Same. I would say that only the few last points of Section II and a handful in Section III are savable, but I am in opposition to roughly 80% of the bill.

Is that because you oppose freedom for students, freedom of speech, or freedom generally?

I personally believe we should keep religion out of schools and put it as something personal and private.

Take that as you wish

Upon a second reading the non religious parts are generally fine, with just a handful of points I disagree with

[Mr. Reactionary]

I declare my opposition to this theocratic legislation

Same. I would say that only the few last points of Section II and a handful in Section III are savable, but I am in opposition to roughly 80% of the bill.

Is that because you oppose freedom for students, freedom of speech, or freedom generally?

I personally believe we should keep religion out of schools and put it as something personal and private.

Take that as you wish

Upon a second reading the non religious parts are generally fine, with just a handful of points I disagree with

I agree with you on keeping religious instruction, coercion, and endorsement out of schools. What this is about is neutrality. The US Supreme court pre-Atlasia in a series of cases, most notably Lamb's Chapel v. Center Moriches Union Free School District and Rosenberger v. Rectors of UVA, held that freedom of speech prohibits schools from singling out student religious speech from other types of allowable speech. For instance, Constitutionally a school cant say its ok to have afterschool gay-straight alliance, afterschool robot club, but not afterschool Bible club. Similarly, a school cant allow student newspapers to discuss pregnancy, HIV, politics, but not religion. While the subject matter is religion, the right in question being protected is actually freedom of speech and expression. Its the same for religious dress; if I can wear WWE T shirts to school, glee club T shirts to school, Obama T shirts to school, I can wear a T shirt with a star of David on it. The goal of section 2 is largely to codify existing Supreme Court doctrine to avoid violating student rights and lawsuits.

[Adam Griffin]

II.5. Student-led religious groups or organizations may invite outside guests, such as clergy, religious leaders or parents, to speak, teach, or lead prayers at group meetings. Invited guests must be approved by school administration, pass a school district-approved background check, and not teach or endorse any viewpoints that are contrary to the law or school district curriculum. Guests may not be paid or materially reimbursed in any way by the school district, parent association, or student association.

II.6. Students who speak in public forums such as assemblies, morning announcements, graduation ceremonies, and sporting events shall be free to express their religious viewpoints to the extent that secular viewpoints would be permitted. Students who speak in such forums shall be selected based on neutral criteria. School districts and individual schools are free to establish time limits and other restrictions that do not infringe student expression. School administrators must provide disclaimers that student viewpoints are those of the student and are not endorsed by the school district through all relevant channels, including but not limited to oral announcement and written disclaimers in in the event program.

III.2. Any outdoors public space on a public College, other than roadways, is a public forum. No public College may maintain a speech code prohibiting expressive activities in a public forum, other than enforcing reasonable noise limits between the hours of 11 P.M. and 7 A.M.

While it may be surprising and/or contradictory, I could in theory stomach most of this and understand its value. However, II.6 is a bridge too far; it's one thing to allow student-led organizations based around a religion to have speakers representing that religion, but letting students preach to the masses at events where attendance is mandatory I believe crosses a line.

[Pyro]

I oppose this legislation. Religion has no place in public schools.