S*0134(Rat #0219, Act #0180 of 2010)  General Bill, By Sheheen, Verdin, Fair, 
Campsen and S. Martin

Similar(H 3858)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-1-435 SO AS TO ENACT THE "RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION ACT",
 WHICH PROHIBITS A SCHOOL DISTRICT FROM DISCRIMINATING AGAINST A STUDENT BASED
 ON RELIGIOUS VIEWPOINT, ALLOWS A STUDENT TO EXPRESS HIS RELIGIOUS VIEWPOINT,
 ALLOWS A STUDENT TO EXPRESS HIS RELIGIOUS BELIEFS IN HOMEWORK AND CLASSROOM
 ASSIGNMENTS WITHOUT PENALTY OR REWARD, AND ALLOWS STUDENTS TO ORGANIZE AND
 PARTICIPATE IN RELIGIOUS STUDENT GATHERINGS TO THE SAME EXTENT AS SECULAR
 NONCURRICULAR GROUPS. - ratified title

   12/10/08  Senate Prefiled
   12/10/08  Senate Referred to Committee on Education
   01/13/09  Senate Introduced and read first time SJ-133
   01/13/09  Senate Referred to Committee on Education SJ-133
   03/25/10  Senate Committee report: Favorable Education SJ-12
   03/26/10         Scrivener's error corrected
   03/30/10  Senate Read second time SJ-12
   03/31/10  Senate Read third time and sent to House SJ-15
   04/13/10  House  Introduced and read first time HJ-23
   04/13/10  House  Referred to Committee on Judiciary HJ-23
   05/12/10  House  Committee report: Favorable Judiciary HJ-7
   05/19/10  House  Read second time HJ-25
   05/19/10  House  Roll call Yeas-107  Nays-0 HJ-25
   05/20/10  House  Read third time and enrolled HJ-13
   05/25/10         Ratified R 219
   05/28/10         Signed By Governor
   06/03/10         Effective date 05/28/10
   06/09/10         Act No. 180

(A180, R219, S134)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-435 SO AS TO ENACT THE "RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION ACT", WHICH PROHIBITS A SCHOOL DISTRICT FROM DISCRIMINATING AGAINST A STUDENT BASED ON RELIGIOUS VIEWPOINT, ALLOWS A STUDENT TO EXPRESS HIS RELIGIOUS VIEWPOINT, ALLOWS A STUDENT TO EXPRESS HIS RELIGIOUS BELIEFS IN HOMEWORK AND CLASSROOM ASSIGNMENTS WITHOUT PENALTY OR REWARD, AND ALLOWS STUDENTS TO ORGANIZE AND PARTICIPATE IN RELIGIOUS STUDENT GATHERINGS TO THE SAME EXTENT AS SECULAR NONCURRICULAR GROUPS.

Be it enacted by the General Assembly of the State of South Carolina:

Religious Viewpoints Antidiscrimination Act; school districts may not discriminate against student for expression of religious views; student religious expression permitted; student organization of religious groups permitted

SECTION    1.    Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-435.    (A)    This section may be cited as the 'Religious Viewpoints Antidiscrimination Act'.

(B)    As used in this section, 'discriminate' means to make a distinction in favor of or against a person on the basis of the group, class, or category to which the person belongs, rather than according to actual merit.

(C)    A school district shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and must not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.

(D)    A student may express his beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of his submission. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. A student may not be penalized or rewarded based on the religious content of his work.

(E)    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 are permitted to organize other noncurricular student activities and groups. Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district must not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 25th day of May, 2010.

Approved the 28th day of May, 2010.