Senate Bill 1006 (2026) — Freedom of speech and religious expression in public schools
SB 1006
Florida Bills
Florida Senate - 2026 SB 1006 By Senator Yarborough 4-01149B-26 20261006__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to freedom of speech and religious 2 expression in public schools; amending s. 1002.206, 3 F.S.; revising a
short title; prohibiting a school 4 district from discriminating against students or 5 school personnel on the basis of political or 6 ideological viewpoints or expression; requiring a 7 school district to treat a student’s voluntary 8 expression of political or ideological viewpoints on 9 permissible subjects in the same manner as any other 10 viewpoint; authorizing students to express political 11 or ideological beliefs in coursework, artwork, and 12 other specified assignments; prohibiting penalty or 13 reward for such expression in coursework, artwork, or 14 other specified assignments; authorizing a student to 15 wear clothing, accessories, and jewelry displaying 16 political or ideological messages or symbols; 17 authorizing a student to engage in or organize 18 political or ideological activities or expression; 19 authorizing a student to organize political or 20 ideological groups, clubs, and other gatherings; 21 prohibiting a school district from discriminating 22 against a student club or group for specified reasons; 23 requiring that a school district provide political or 24 ideological groups with equal access to school 25 facilities; authorizing political or ideological 26 groups to advertise or announce meetings in the same 27 manner and to the same extent as other groups; 28 requiring that the Department of Education develop and 29
Florida Senate - 2026 SB 1006 4-01149B-26 20261006__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. publish a model policy regarding a limited public 30 forum and political or ideological expression; 31 providing construction; creating a private cause of 32 action for persons and student clubs or groups harmed 33 by specified violations; providing for specified 34 awards to such persons and clubs or groups; 35 authorizing such persons and clubs or groups to use 36 specified violations as a defense or counterclaim 37 under certain circumstances; providing applicability; 38 requiring that such actions be brought within a 39 specified period of time; providing that the state 40 waives specified immunity; providing that school 41 district has liability under certain circumstances; 42 providing severability; providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46
Section
Section 1002.206, Florida Statutes, is amended 47 to read: 48 1002.206 Freedom of speech and religious expression in 49 public schools.— 50
(1) This
section may be cited as the “Florida Student and 51 School Personnel First Amendment and Religious Liberties Act.” 52
(2) A school district may not discriminate against a 53 student, parent, or school personnel on the basis of a religious 54 viewpoint or religious expression. A school district may not 55 discriminate against or penalize a student on the basis of 56 expressing a religious, political, or ideological viewpoint or 57 for engaging in religious, political, or ideological expression 58
Florida Senate - 2026 SB 1006 4-01149B-26 20261006__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. in the same time, place, and manner and to the same extent that 59 other similarly situated students may engage in speech or 60 express views at a public school. A school district shall treat 61 a student’s voluntary expression of a religious, political, or 62 ideological viewpoint on an otherwise permissible subject in the 63 same manner that the school district treats a student’s 64 voluntary expression of any other a secular viewpoint. 65 (3)(
a) A student may express his or her religious, 66 political, or ideological beliefs in coursework, artwork, and 67 other written and oral assignments free from discrimination or 68 academic penalty. A student’s homework and classroom assignments 69 must shall be evaluated, regardless of their religious, 70 political, or ideological content, based on expected academic 71 standards relating to the course curriculum and requirements. A 72 student may not be penalized or rewarded based on the religious, 73 political, or ideological content of his or her work if the 74 coursework, artwork, or other written or oral assignments 75 require a student’s viewpoint to be expressed. 76 (
b) A student may wear clothing, accessories, and jewelry 77 that display a religious, political, or ideological message or 78 symbol in the same manner and to the same extent that other 79 secular types of clothing, accessories, and jewelry that display 80 messages or symbols are permitted to be worn. 81 (4)(
a) A student may pray or engage in or organize 82 religious, political, or ideological activities or religious, 83 political, or ideological expression before, during, and after 84 the school day in the same manner and to the same extent that a 85 student may engage in other secular activities or expression. A 86 student may organize prayer groups or, religious, political, or 87
Florida Senate - 2026 SB 1006 4-01149B-26 20261006__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. ideological clubs, and other religious, political, or 88 ideological gatherings before, during, and after the school day 89 in the same manner and to the same extent that a student is 90 permitted to organize other secular activities, clubs, 91 gatherings, and groups. A school district may not discriminate 92 against a student club or group based on: 93 1. The religious, political, or ideological viewpoints 94 expressed by the students or the club; or 95 2.
Any requirement that the leaders or members of the club 96 affirm and adhere to the club’s sincerely held beliefs, comply 97 with the club’s standards of conduct, or further the club’s 98 mission or purpose, as defined by the student club. 99 (b)1. A school district may not prevent school personnel 100 from participating in religious activities on school grounds 101 that are initiated by students at reasonable times before or 102 after the school day if such activities are voluntary and do not 103 conflict with the responsibilities or assignments of such 104 personnel. 105 2.
A school district shall comply with the federal 106 requirements in Title VII of the Civil Rights Act of 1964, which 107 prohibits an employer from discriminating against an employee on 108 the basis of religion. 109 (
c) A school district shall give a religious, political, or 110 ideological group access to the same school facilities for 111 assembling as given to other secular groups without 112 discrimination based on the religious, political, or ideological 113 content of the group’s expression. A group that meets for prayer 114 or other religious, political, or ideological speech may 115 advertise or announce its meetings in the same manner and to the 116
Florida Senate - 2026 SB 1006 4-01149B-26 20261006__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. same extent that another a secular group may advertise or 117 announce its meetings. 118 (5)(
a) A school district shall adopt a policy that 119 establishes a limited public forum for student speakers at any 120 school event at which a student is to speak publicly. The 121 limited public forum policy shall require the school district 122 to: 123 1. Provide the forum in a manner that does not discriminate 124 against a student’s voluntary expression of a religious, 125 political, or ideological viewpoint on an otherwise permissible 126 subject; 127 2. Provide a method based on neutral criteria for the 128 selection of student speakers at school events, activities, and 129 graduation ceremonies; 130 3.
Ensure that a student speaker does not engage in 131 obscene, vulgar, offensively lewd, or indecent speech; and 132 4. State in written or oral form that the student’s speech 133 does not reflect the endorsement, sponsorship, position, or 134 expression of the school district. 135 (
b) The school district shall deliver the disclaimer 136 required in subparagraph (a)4. at all graduation events and any 137 other event at which a student speaks publicly. 138 (
c) Student expression of a religious, political, or 139 ideological viewpoint on an otherwise permissible subject may 140 not be excluded from the limited public forum. 141
(6) The Department of Education shall develop a model 142 policy regarding a limited public forum and voluntary expression 143 of religious, political, or ideological viewpoints by students 144 and school personnel in public schools pursuant to this section. 145
Florida Senate - 2026 SB 1006 4-01149B-26 20261006__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. The department shall publish the model policy on its website. 146 Each district school board shall adopt and implement the 147 department’s model policy. 148
(7) This
section does not prevent a school district from 149 prohibiting, limiting, or restricting: 150 (
a) Expression that the First Amendment of the United 151 States Constitution does not protect. 152 (
b) Expression that is unwelcome, and so severe, pervasive, 153 and subjectively and objectively offensive, that a student is 154 effectively denied equal access to educational opportunities or 155 benefits provided by the school. 156 (
c) Conduct that intentionally, materially, and 157 substantially disrupts: 158 1. The operations of the school; or 159 2. The expressive activities of another person if that 160 activity is occurring on campus in a space reserved for that 161 activity under the exclusive use or control of a particular 162 student, group of students, or group or club. 163 (8)(
a) Any person or student club or group that is harmed 164 by a violation of this section, or whose rights under this 165
section are violated, shall have a private cause of action 166 against the school district for declaratory and injunctive 167 relief, statutory punitive damages, reasonable attorney fees and 168 costs, and any other appropriate relief. 169 (
b) If a person or student club or group prevails in any 170 such action, the person or student club or group must be awarded 171 statutory punitive damages in an amount of at least $15,000, not 172 to exceed $25,000. 173 (
c) Any person or student club or group aggrieved by a 174
Florida Senate - 2026 SB 1006 4-01149B-26 20261006__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. violation of this
section may assert such violation as a defense 175 or counterclaim in any disciplinary action or in any civil or 176 administrative proceedings brought against such person or 177 student club or group. 178 (
d) Nothing in this
section may be interpreted to limit any 179 other remedies available to any student or student club or 180 group. 181 (
e) A person or student club or group must bring suit for 182 violation of this
section not later than 2 years after the day 183 the cause of action accrues. For purposes of calculating the 2-184 year limitation period, each day that the violation persists, 185 and each day that a policy in violation of this
section remains 186 in effect, constitutes a new day that the cause of action has 187 accrued. 188 (9)(
a) A school district that violates this
section is not 189 immune from suit or liability for such violation and is not 190 immune from civil suit in federal court. 191 (
b) The state waives immunity under the Eleventh Amendment 192 of the United States Constitution and consents to suit in a 193 federal court for lawsuits arising out of this section. A school 194 that violates this
section is not immune from suit or liability 195 for the violation. 196
(10) If any provision of this
section or its application to 197 any person or circumstance is held invalid, the invalidity does 198 not affect other provisions or applications of this
section 199 which can be given effect without the invalid provision or 200 application, and to this end the provisions of this act are 201 severable. 202