SF2231: School Training/Student Speech

Requires the Department of Education and schools to distribute and train staff on federal guidance about constitutionally protected prayer and religious expression. Mandates model policies for compliance and extends protections for religious, political, and ideological student speech and club activities. Removes prohibitions against sectarian or religious content/materials in certain funding, program, and tax definitions. Establishes new civil penalties for violations and waives sovereign immunity for school districts in related lawsuits. The act also expands the authority and autonomy of community-based preschool providers and alters tax code provisions regarding educational expenses for religious content, with retroactive effect for tax years starting January 1, 2026.  Effective7/1/2026 (tax provisions retroactive to 1/1/2026).

Key Points & Impacts

• Requires annual distribution of U.S. Department of Education guidance on protected prayer/religious expression to all superintendents, principals, and teachers in public and charter schools, and publication of the guidance online.

• Mandates professional development and model policies for school staff regarding constitutionally protected religious expression, and annual certification of compliance to the Department of Education.

• Expands student speech protections, prohibiting discrimination or penalty for religious, political, or ideological expression in schoolwork, clubs, clothing, and assemblies, with clear enforcement and civil penalties for violations.

• Removes statutory prohibitions on the use of public funds and participation in certain programs for materials or courses with sectarian or religious content (e.g., textbooks, tuition, concurrent enrollment).

• Preserves maximum autonomy and freedom for community-based preschool providers, limits state authority to only what is necessary for program participation, and invalidates burdensome rules.

• Extends protected speech requirements to charter and innovation zone schools, making them subject to the same standards as school districts.

• Waives school district sovereign immunity for protected speech violations, allowing federal lawsuits and establishing a minimum $5,000 civil penalty per violation, payable to prevailing students or clubs.

• Retroactively applies changes to tax definitions and credits for education expenses, allowing religious materials and programs to qualify for state tax benefits starting January 1, 2026.