H 4630 Session 111 (1995-1996)
H 4630 General Bill, By Davenport, Gamble, Keegan, Kelley and Koon
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
59-1-441 to enact the Right to Student Prayer Act so as to authorize
student-initiated voluntary prayer at school activities and events; to allow a
teacher or school administrator to permit students to participate voluntarily
in such prayer; and to provide penalties.
02/15/96 House Introduced and read first time HJ-9
02/15/96 House Referred to Committee on Education and Public
Works HJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 59-1-441 TO ENACT THE RIGHT
TO STUDENT PRAYER ACT SO AS TO AUTHORIZE
STUDENT-INITIATED VOLUNTARY PRAYER AT SCHOOL
ACTIVITIES AND EVENTS; TO ALLOW A TEACHER OR
SCHOOL ADMINISTRATOR TO PERMIT STUDENTS TO
PARTICIPATE VOLUNTARILY IN SUCH PRAYER; AND TO
PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the "Right to
Student Prayer Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 59-1-441. (A) The legislative intent and
purpose of this section is to protect the freedom of speech
guaranteed by the First Amendment to the United States
Constitution, to define for the citizens of South Carolina the rights
and privileges that are accorded them on public school property,
other public property, or other property at school-related events, and
to provide guidance to public school officials on the rights and
requirements of law that they must apply. The intent and purpose
of the General Assembly is to accommodate the free exercise of
religious rights of its student citizens in the public schools and at
public school events as provided to them by the First Amendment
to the United States Constitution and the judicial interpretations of
the First Amendment as given by the United States Supreme Court.
(B) On public school property, other public property, or other
property, invocations, benedictions, or nonsectarian,
nonproselytizing student-initiated voluntary prayer is permitted
during compulsory or noncompulsory school-related student
assemblies, student sporting events, graduation or commencement
ceremonies, and other school-related student events.
(C) This section does not diminish the right of a student or
person to exercise his rights of free speech and religion, including
prayer, as permitted by the United States Constitution, on public
school property, other public property, or other property at times or
events other than those stated in subsection (B).
(D) The exercise of the rights guaranteed under subsection (B)
may not be construed to indicate support, approval, or sanction of
the contents of any such prayer, invocation, benediction, or other
activity or be construed as an unconstitutional use of public
property or other property by the State of South Carolina or any
agency, department, board, commission, institution, or other
instrumentality of the State or a political subdivision of the State,
including any county or municipality and any instrumentality of a
county or municipality. The exercise of these rights on public
school property, other public property, or on other property for
school-related activities by students or others may not be construed
as the promotion or establishment of any religion or religious belief.
(E) In addition, a teacher or school administrator in a school of
this State which is supported, in whole or in part, by the public
funds of the State may permit the voluntary participation by
students or others in prayer. Nothing contained in this section
authorizes a teacher or other school authority to prescribe the form
or content of
a prayer.
(F) An employee of a public school or a public school official
who knowingly prevents or interferes with a person exercising his
rights under this section upon a first violation must receive a
written reprimand and for a second or subsequent violation
immediately must be terminated.
(G) The provisions of this section are severable. If any part of
this section is declared invalid or unconstitutional, that declaration
does not affect the part or parts that remain."
SECTION 3. This act takes effect upon approval by the
Governor.
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