S 1394 General Bill, By Sheheen
 A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
 ADDING SECTION 59-1-435, "THE RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION ACT".

   05/20/08  Senate Introduced and read first time SJ-8
   05/20/08  Senate Referred to Committee on Education SJ-8

TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-435, "THE RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION ACT".

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

SECTION    1.    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)    A school district must 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.

(C)    Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. 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. Students must not be penalized or rewarded based on the religious content of their work.

(D)    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."

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