TITLE 33

EDUCATION

CHAPTER 66

ESTABLISHMENT CLAUSE AND FREE EXERCISE COMPLIANCE

33-6603.  public prayer. (1) This section applies to public college administrators, public school districts, and charter schools.

(2)  Pursuant to the free exercise clause of the first amendment to the United States constitution and section 4, article I of the constitution of the state of Idaho, an employee of a public college, school district, or charter school may pray at any time he is otherwise free to engage in personal conversations or other personal conduct.

(3)  No public college, public school district, or charter school may punish or otherwise take adverse action or discriminate against any other person for refusing to participate in a prayer described in subsection (2) of this section. A student or the parent of a student who can demonstrate under the preponderance of the evidence standard that the student was punished or discriminated against by an employee for refusing to participate in a prayer as described in subsection (2) of this section has standing under this section to pursue a civil action in a court of competent jurisdiction and the student may seek attorney’s fees, costs, injunctive relief, declaratory relief, and other forms of relief deemed appropriate by the court.

(4)  If a school district or public college administrator prohibits or takes adverse action against an employee for engaging in the activity described in subsection (2) of this section, the employee may pursue a civil cause of action in a court of competent jurisdiction under this section and may seek attorney’s fees, costs, injunctive relief, declaratory relief, and other forms of relief deemed appropriate by the court.

(5)  If a court finds that a cause of action brought by an employee under subsection (4) of this section or by a student or his parent under subsection (3) of this section was maliciously filed or initiated for ulterior purposes against a defendant, then the court may award costs and attorney’s fees to a defendant under this section for abuse of process.

(6)  A civil action brought in federal district court for a similar violation described in this section under 42 U.S.C. 1983 may find that it has supplemental jurisdiction over a cause of action contemporaneously brought under this section.

(7)  Nothing in this section shall be construed to in any way limit the free exercise of religion.

History:

[33-6603, added 2023, ch. 239, sec. 1, p. 738.]