Florida Student and School Personnel Religious Liberties Act

Letter to Gov. Scott asking him to veto this bill, sent 5/8/2017:

As a representative of Atheists of Florida, our organization is asking you to veto SB 436, Religious Expression in Public School.

The claims to allow students’ “voluntary expression of a religious viewpoint,” but it’s really about promoting school prayer. For example, under this bill, students could proselytize during class, lead a prayer over the school intercom during morning announcements, or pray with their teachers and coaches at varsity football games.

Our public schools serve students of all faiths and none, but this bill would make students who follow different religions or beliefs from the majority feel like outsiders in their own schools.

This bill also allows teachers to participate with students in religious activities on school ground. This is in direct violation of the Equal Access Act which explicitly prohibits the involvement of school personnel with student religious activities.



This bill is on the 3/6/2017 agenda for the Committee on Education.
Committee office phone: (850) 487-5213

Committee Members:
Chair: Senator Dorothy L. Hukill (R) (386) 304-7630
Vice Chair:
Senator Debbie Mayfield (R) (321) 409-2025

Senator Gary M. Farmer, Jr. (D) (954) 467-4227
Senator Bill Galvano (R) (941) 741-3401
Senator Tom Lee (R) (813) 653-7061
Senator David Simmons (R) (407) 262-7578
Senator Wilton Simpson (R) (352) 540-6074
Senator Linda Stewart (D) (407) 893-2422
Senator Perry E. Thurston, Jr. (D) (954) 321-2705

Sample call script: (you will get a staff person, so be nice)
“Hi, my name is (your name), and I live in Florida. I am calling in opposition to SB 436. Allowing teachers and staff to participate in student religious groups is in direct violation of the Equal Access Act, as well as the constitutions of the United States and Florida. Representative Daniels has made clear “The “religious expression” bill is essentially a measure to put “prayer back in school,”.

Thank you for your hard work answering the phones.”

[IF LEAVING A VOICEMAIL: please leave your full street address to ensure your call is tallied]


Below is a copy of the email I sent to the following people regarding Florida HB 303 and SB 436:

Representative Kimberly Daniels – House Bill sponsor
Senator Dennis Baxley – Senate Bill sponsor
This is concerning House Bill 303 and Senate Bill 436, “Florida Student and School Personnel Religious Liberties Act.”

We support free speech and religious freedom for everyone, students included. However, after having read the bill, we are concerned about the direct conflict this has with U.S. Code 4071, “Denial of equal access prohibited”, commonly referred to as the Equal Access Act (EAA), as well as the establishment clause of the U.S. constitution and the Florida Constitution, Article 1 Section 3.

While much of HB 303 and SB 436 agrees with the EAA, the involvement of employees with a student group is in direct conflict. EAA states: “employees or agents of the school or government are present at religious meetings only in a non-participatory capacity;”. These bills, in Paragraph 4(a)1. (b)1. states “A school district may not prevent school personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the school day if such activities are voluntary and do not conflict with the responsibilities or assignments of such personnel.” There is no avoiding the inherently sectarian nature of religious expression. All of it is grounded in differently evolved religious, national, and social traditions. Each religion proclaims its own inerrancy and superiority to all the others. This cannot help but to create disunity, dissension, and strife as it has so often in the past.

Since HB 303 and SB 436 applies to all schools in a district, how do you propose we protect younger students from being unduly influenced by a teacher? When a scientologist, Satanist, or someone from a cult or “unpopular” religion encourages students to start a club, how does your bill address the potential for abuse of the trust students have placed in that authority figure? It seems all too easy for an employee to “take over” a student organization, whether intentionally or not, simply because of the relationship that students have with a teacher or staff person. Adults are often viewed as guides in many aspects of life. Those adults moved by religious feelings may often be disposed to dispense the “superior” values of their religion in a fully beneficent way in their own view. If the adult in question is a teacher, is this not going to pressure students in their class to feel required to participate in that teacher’s openly professed religion, lest they fear being “penalized” by the teacher for not being part of his/her group?

The social values and individual virtues promoted by the traditional secular framework of our schools seem wholly adequate to inculcate the necessary attributes to become a valued and worthwhile citizen. The founders of our country seemed to appreciate the fact that religions is mostly a matter of private discretion, and ought not to be the subject of government selection.

The current federal law seems quite adequate in giving students the rights addressed by this bill, without complicating the matter with employee involvement. Please consider either changing the language of HB 303 and SB 436 to follow the Federal and State constitutions or withdrawing the bill.