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Bill > HB1310

MS HB1310

MS HB1310
"Mississippi Open to Religion Act"; establish.

summary

Introduced
01/19/2026
In Committee
02/17/2026
Crossed Over
02/11/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

An Act To Create And Codify New Section 37-13-4.2, Mississippi Code Of 1972, To Require The Governing Board Of Each Public School District And Nonsectarian Public Charter School To Adopt A Policy Providing A Daily Opportunity For Voluntary Participation By Students And Employees In A Period Of Prayer And The Reading Of The Bible Or Other Religious Text; To Require Such Policies To Include Mandatory Written Consent, Acknowledgment Of Voluntariness And An Express Waiver Of State And Federal Claims, Including Establishment Clause Claims; To Prohibit Participation Without Prior Written Consent And To Provide For Revocation Of Consent While Maintaining The Enforceability Of Executed Waivers; To Prohibit The Broadcast Of Prayer Or Religious Readings Over Public Address Systems And To Require That Such Periods Not Supplant Instructional Time; To Require Safeguards Ensuring That Prayer Or Religious Readings Are Not Knowingly Or Intentionally Conducted In The Presence Or Hearing Of Nonconsenting Individuals And To Authorize Compliance Through Scheduling Before Normal School Hours Or In Fully Consented Classrooms Or Campuses; To Require The Attorney General, Upon Request, To Provide Advisory Guidance, Model Consent Forms, And Legal Defense To Participating Districts Or Schools And To Provide For State Liability For Costs, Judgments Or Settlements When Such Defense Is Undertaken; To Clarify That The Act Does Not Prohibit Individual Prayer Or Religious Expression During Other Periods Of The School Day And Does Not Conflict With Article 8, Section 208 Of The Mississippi Constitution Of 1890 Or Existing Statutory Protections For Student Religious Expression; To Bring Forward Sections 37-12-7, 37-13-4, 37-13-4.1 And 37-13-8, Mississippi Code Of 1972, For The Purpose Of Possible Amendments; And For Related Purposes

AI Summary

This bill, known as the "Mississippi Open to Religion Act," mandates that the governing boards of public school districts and nonsectarian public charter schools must establish policies allowing students and employees to voluntarily participate in a daily period of prayer and reading of religious texts. To participate, individuals must provide written consent, acknowledging the voluntary nature of the activity and waiving their right to sue the school or district under state or federal law, including claims related to the Establishment Clause, which prohibits government endorsement of religion. Consent can be revoked, but waivers remain legally binding. The bill prohibits broadcasting prayers or religious readings over public address systems and ensures these periods do not take away from instructional time. Schools must implement safeguards to prevent non-consenting individuals from hearing or being present during these activities, which can be accommodated by scheduling them before or after school hours or in designated areas for consenting participants. The Attorney General will provide advisory guidance, model consent forms, and legal defense for schools adopting these policies, with the state covering associated costs, judgments, or settlements. The act clarifies that it does not prohibit individual prayer or religious expression at other times during the school day and does not conflict with existing state constitutional or statutory protections for student religious expression.

Committee Categories

Education, Government Affairs

Sponsors (3)

Last Action

Referred To Accountability, Efficiency, Transparency (on 02/17/2026)

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