Signed by Governor Andy Beshear

Vote Smart's Synopsis:

Vote to pass a bill that prohibits school districts from punishing school employees for engaging in private religious expression.

Highlights:

• Defines “on duty” as the time when a school district employee is required to be on campus or at another designated location (Sec. 1).

• Prohibits school districts from punishing any school employees for engaging in private religious practices or expressions and authorizes all of the following while on duty, including (Sec. 1):

• Engage in religious expression and discussions and share religious materials with other employees at the same time and in the same manner that employees are permitted to engage in nonreligious expression and discussions outside the scope of duties;

• Engage in private religious expression at a time when it is otherwise permissible for an employee to engage in private expressive conduct or act outside the scope of duties;

• Meet with other district employees for prayer or religious study during times that the employee is allowed to act outside the scope of duties, including but not limited to employee breaks, time before school, and during lunch;

• Work as a sponsor of a student religious club or organization and assist students in planning meetings, activities, and events to the same extent that employee sponsors of nonreligious clubs or organizations are permitted to do so;

• Wear religious clothing, symbols, or jewelry, provided that such items otherwise comply with any dress code implemented by the school district;

• Decorate their desk and other personal spaces with personal items that reflect their religious beliefs to the same extent that other employees are permitted to decorate their desk and other personal spaces with personal items; and

• During non instructional time, engage in religious expression and share religious materials to the same extent that other employees may engage in private expression permitted under the First Amendment to the United States Constitution.

• Specifies that this bill shall take effect March 23, 2023 upon passage and approval by the governor (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits school districts from punishing school employees for engaging in private religious expression.

Highlights:

• Defines “on duty” as the time when a school district employee is required to be on campus or at another designated location (Sec. 1).

• Prohibits school districts from punishing any school employees for engaging in private religious practices or expressions and authorizes all of the following while on duty, including (Sec. 1):

• Engage in religious expression and discussions and share religious materials with other employees at the same time and in the same manner that employees are permitted to engage in nonreligious expression and discussions outside the scope of duties;

• Engage in private religious expression at a time when it is otherwise permissible for an employee to engage in private expressive conduct or act outside the scope of duties;

• Meet with other district employees for prayer or religious study during times that the employee is allowed to act outside the scope of duties, including but not limited to employee breaks, time before school, and during lunch;

• Work as a sponsor of a student religious club or organization and assist students in planning meetings, activities, and events to the same extent that employee sponsors of nonreligious clubs or organizations are permitted to do so;

• Wear religious clothing, symbols, or jewelry, provided that such items otherwise comply with any dress code implemented by the school district;

• Decorate their desk and other personal spaces with personal items that reflect their religious beliefs to the same extent that other employees are permitted to decorate their desk and other personal spaces with personal items; and

• During non instructional time, engage in religious expression and share religious materials to the same extent that other employees may engage in private expression permitted under the First Amendment to the United States Constitution.

• Specifies that this bill shall take effect March 23, 2023 upon passage and approval by the governor (Sec. 1).

Full Bill Text