§ 53G-10-202. Maintaining constitutional freedom in the public schools.

7/4/2026 (1) Except as provided in this section and in Section 53G-10-206, any instructional activity, performance, or display which includes examination of or presentations about religion, political or religious thought or expression, or the influence thereof on music, art, literature, law, politics, history, or any other element of the curriculum, including the comparative study of religions and the fundamental role of religion in the history of the United States and other countries, which is designed to achieve academic educational objectives included within the context of a course or activity and conducted in accordance with applicable rules or policies of the state and LEA governing boards, may be undertaken in the public schools. (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall be included within or excluded from public school curricula for the primary reason that it affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence of a spiritual realm or supreme being. (3) A public school may not sponsor or deny the practice of prayer or religious devotionals. (4) Notwithstanding any policy or state board rule, a school official or employee may not use the official's or employee's position to endorse, promote, or disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint. (5) An LEA shall ensure that: (a) a student may express the student's beliefs about religion in homework, artwork, and other written or oral assignments free from discrimination based on the religious perspective of the student's submissions; (b) home and classroom work is: (i) not penalized or rewarded on the basis of religious perspective; and (ii) judged by ordinary academic standards of substance, relevance, and other legitimate pedagogical objectives; and (c) notification of the constitutional freedoms described in this section is provided to school officials, employees, and students.