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Arkansas General Assembly· SB 223Notification that SB223 is now Act 400

An act TO CREATE THE RELIGIOUS RIGHTS AT PUBLIC 10 SCHOOLS ACT OF 2025, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas            As Engrossed: S2/18/25
2 95th General Assembly
                                     A Bill

3 Regular Session, 2025                                             SENATE BILL 223

4

5 By: Senator M. Johnson

6 By: Representative A. Brown

7

8                              For An Act To Be Entitled

9   AN ACT TO CREATE THE RELIGIOUS RIGHTS AT PUBLIC

10  SCHOOLS ACT OF 2025; AND FOR OTHER PURPOSES.

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12

13                                     Subtitle

14                       TO CREATE THE RELIGIOUS RIGHTS AT PUBLIC

15                       SCHOOLS ACT OF 2025.

16

17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

18

19  SECTION 1. DO NOT CODIFY. Legislative findings and intent.

20  (a) The General Assembly finds that:

21  (1) Religious freedom is a cornerstone of our democracy and is

22 essential to the dignity and freedom of every individual;

23  (2) Arkansas Constitution Article 14, � 1, provides that

24 "Intelligence and virtue being the safeguards of liberty and the bulwark of a

25 free and good government, the State shall ever maintain a general, suitable

26 and efficient system of free public schools and shall adopt all suitable

27 means to secure to the people the advantages and opportunities of

28 education.";

29  (3) An important advantage and essential opportunity of a system

30 of free public schools is for students to develop a virtuous lifestyle guided

31 by deeply held, meaningful values;

32  (4) Religious worldviews hold an important place in overall

33 human thought and philosophy;

34  (5) Religious freedom provides an environment and opportunity

35 for students to be exposed to worldviews that form the basis for civilization

36 and thought;

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    As Engrossed: S2/18/25                                                   SB223

1   (6) Religious freedom at public schools is a right that is

2 protected by state and federal law; and

3   (7) The United States Supreme Court has held in "Tinker v. Des

4 Moines", that neither students nor teachers "shed their constitutional rights

5 to freedom of speech or expression at the schoolhouse gate".

6   (b) It is the intent of the General Assembly to:

7   (1) Inform Arkansas residents regarding religious protections

8 and liberties;

9   (2) Ensure that this act serves only as a guide to clarify

10 religious rights at public schools, rather than as an exhaustive list of

11 religious rights at public schools; and

12  (3) Affirm that students and public school employees retain many

13 unlisted rights by virtue of their God-given freedoms, which extend beyond

14 those rights explicitly enumerated in this act.

15

16  SECTION 2. Arkansas Code Title 6, Chapter 10, Subchapter 1, is amended

17 to add an additional section to read as follows:

18  6-10-140. Religious Rights at Public Schools Act of 2025.

19  (a) This section shall be known and may be cited as the "Religious

20 Rights at Public Schools Act of 2025".

21  (b) At the beginning of each school year, each public school district

22 and open-enrollment public charter school shall provide each enrolled student

23 and individual employed by the public school district or open-enrollment

24 public charter school with a copy of this act by electronic means or by

25 placement in a handbook, policy manual, or other resource designed to inform

26 students, employees, or parents about policies, procedures, or rights.

27  (c) Under the First Amendment to the United States Constitution and

28 United States Supreme Court case law interpreting the First Amendment to the

29 United States Constitution, a student enrolled in a public school district or

30 an open-enrollment public charter school shall retain broad religious

31 freedom, which includes without limitation the right to:

32  (1) Pray silently or aloud, individually or in groups, at any

33 time when the student is permitted to speak freely and engage in discussions

34 of the student's own choosing;

35  (2) Pray by assembling on the property of the student's public

36 school district or open-enrollment public charter school in the same manner

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    As Engrossed: S2/18/25                                                  SB223

1 that students are allowed to speak and assemble on the property of the

2 student's public school district or open-enrollment public charter school for

3 other activities;

4          (3) Promote legal religious activities on the property of the

5 student's public school district or open-enrollment public charter school in

6 the same manner that other activities are promoted;

7          (4) Display, print, recite, or discuss religious figures,

8 religious texts, and religious beliefs in the student's public school

9 district or open-enrollment public charter school assignments in which there

10 is student discretion in choosing topics or people of interest;

11         (5) Give a Bible or other religious text to any other person at

12 the student's public school district or open-enrollment public charter school

13 in the same manner that the student is allowed to give away other books or

14 texts;

15         (6) Individually or in groups conduct religious observances such

16 as speaking, singing, reading, or praying at times when students are free to

17 voluntarily converse and interact;

18         (7) Form and participate in religious clubs, groups, or

19 associations in the same manner that students form and participate in other

20 clubs, groups, or associations;

21         (8) Invite and host members of the clergy or other religious

22 leaders to the student's public school district or open-enrollment public

23 charter school in the same manner that other persons who are not enrolled in

24 the public school district or open-enrollment public charter school are

25 allowed to be present;

26         (9) Express a religious viewpoint in the same manner as other

27 viewpoints may be expressed in the student's public school district or open-

28 enrollment public charter school academic assignments, activities, speech, or

29 other expressions;

30         (10) Pray silently during any moment of silence observed during

31 the school day or at the student's public school district or open-enrollment

32 public charter school activities;

33         (11) Display and discuss the motto of the United States at the

34 student's public school district or open-enrollment public charter school;

35         (12) Read, discuss, and post documents of historical

36 significance that are of a religious nature or contain religious quotes or

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    As Engrossed: S2/18/25                                                  SB223

1 references;

2               (13) Have a Bible or other religious text at the student's

3 public school district or open-enrollment public charter school in the same

4 manner that the student is allowed to have other books or texts at the

5 student's public school district or open-enrollment public charter school;

6 and

7               (14) Read a Bible or other religious text at the student's

8 public school district or open-enrollment public charter school in the same

9 manner that the student is allowed to read other books or texts at the

10 student's public school district or open-enrollment public charter school.

11      (d) Under the First Amendment to the United States Constitution and

12 United States Supreme Court case law interpreting the First Amendment to the

13 United States Constitution, an individual employed by a public school

14 district or an open-enrollment public charter school shall retain broad

15 religious freedom, which includes without limitation the right to:

16              (1) Pray silently during any moment of silence observed during

17 the school day or at the individual's public school district or open-

18 enrollment public charter school activities;

19              (2) Display and discuss the motto of the United States at the

20 individual's public school district or open-enrollment public charter school;

21              (3) Read, discuss, and post documents of historical significance

22 that are of a religious nature or contain religious quotes or references;

23              (4) Have a Bible or other religious text at the individual's

24 public school district or open-enrollment public charter school in the same

25 manner that the individual is allowed to have other books or texts at the

26 individual's public school district or open-enrollment public charter school;

27 and

28              (5) Read a Bible or other religious text at the individual's

29 public school district or open-enrollment public charter school in the same

30 manner that the individual is allowed to read other books or texts at the

31 individual's public school district or open-enrollment public charter school.

32      (e) A public school district and an open-enrollment public charter

33 school may:

34              (1) Have Bibles and other religious texts in public school

35 libraries, classrooms, and other places where books or texts are available to

36 public school district or open-enrollment public charter school students or

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    As Engrossed: S2/18/25                 SB223

1 individuals employed by the public school district or open-enrollment public

2 charter school; and

3            (2) Offer an academic study of the Bible course as provided by �

4 6-16-145.

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6                           /s/M. Johnson

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