Florida Protects Religious Freedom in Public Schools
New state law protects students’ expressions of faith and prohibits religious discrimination against students and school employees.
florida state religious freedom for universities act
In Florida, religious freedom in universities is largely addressed through the
Florida Student and School Personnel Religious Liberties Act (Section 1002.206, Florida Statutes).
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Core principles
Prohibition of Discrimination: This act prohibits school districts from discriminating against students, parents, or school personnel based on their religious viewpoints or religious expression.
Equal Treatment: It requires school districts to treat a student's voluntary expression of religious viewpoint on an otherwise permissible subject in the same manner as a secular viewpoint.
Freedom of Expression: Students are allowed to express their religious beliefs in coursework, artwork, and other assignments, and cannot be penalized for this.
Religious Clothing, Accessories, and Jewelry: Students can wear religious attire to the same extent and under the same conditions as secular attire.
Freedom to Pray and Engage in Religious Activities: Students can pray and engage in religious activities during non-instructional time, subject to the same rules that apply to secular activities.
Organized Religious Groups and Clubs: Students can organize prayer groups and religious clubs with the same access to school facilities and advertising as secular groups.
School Personnel Participation: School personnel can participate in student-initiated religious activities outside the school day, provided it's voluntary and doesn't conflict with their responsibilities.
Limited public forum and student speakers
The Act requires school districts to create a limited public forum for student speakers at events like graduation, with speaker selection based on neutral criteria. This forum must not discriminate against a student's voluntary religious expression, and the school district must include a disclaimer that the speech does not represent the district's views.
Department of Education's role
The Florida Department of Education is mandated to create and publish a model policy regarding the limited public forum and religious expression. Annually, the DOE must also distribute the U.S. Department of Education's Guidance on Constitutionally Protected Prayer and Religious Expression, along with its own model policy.
Recent developments (2023 legislation)
In 2023, Senate Bill 266 (SB 266) was passed, which restricts how Florida colleges and universities can spend funds on diversity, equity, and inclusion (DEI) initiatives. This law is being challenged in court by professors and civil rights organizations. Although the original religious liberties act focuses on individual expression, SB 266's restrictions on DEI may indirectly affect religious life and organizations within universities.
1005.03 f.s.Abstract: F.S. 1005.03 1005.03 Designation “college” or “university.”—(1) The use of the designation “college” or “university” in combination with any series of letters, numbers, or words is restricted in this state to colleges or universities as defined in s. 1005.02 that offer degrees as defined in s. 1005
