January 24, 2026 | Blog, Legislative Update, School Boards
SB 11 & SB 965: Religious Rights in Texas Schools
by Ross Mitchell
Senate Bill 11
Senate Bill 11 (“SB 11”) was passed in the 89th Legislative Session for the purpose of allowing districts to adopt a policy requiring every campus to allow students and staff to participate in a period of prayer and reading of religious texts (commonly referred to as the “Daily Prayer Period”). Parents would have to consent to a student’s participation in the Daily Prayer Period in writing that notes the student is willingly choosing to do so, has no objection to participation, and most notably waives Establishment Clause and other federal and state law claims. Employees would be required to furnish the same consent and waiver to participate in the Daily Prayer Period. Districts adopting this policy must ensure that only those who have provided written consent may participate in the Daily Prayer Period and must also ensure that no provisions of prayer or religious text are done in the physical presence or audible range of a non-participant. Further the Daily Prayer Period may not be during instructional time, though the statute does not prevent it from being designated during the school day. Lastly, the Daily Prayer Period may only occur in a space in which all participants have consented. In some cases this could be an entire campus if all staff and students have submitted a consent form. More likely, it would be a singular classroom or other designated space as it is unlikely that every person on a campus would consent. The law does not allow for designations to be weekly or at other intervals, meaning that boards adopting SB 11 resolutions are committing to providing Daily Prayer Period every school day.
Every school board in the state must hold a record vote on the matter by March 1, 2026. This is accomplished via resolution indicating the board’s decision to adopt a policy pursuant to SB 11 or decline to adopt. TASB has a model SB 11 resolution for Districts that are interested in adopting a policy pursuant to that section. For those districts declining to adopt a policy, it is wise to include that the board is declining to adopt a new policy governing this topic because other Education Code provisions as well as the District’s existing policies, including FNA(LEGAL), FNA(LOCAL) and FNAB(LOCAL), address prayer and reading religious texts in schools as well as participation in religious expression such as “See You at the Pole.”
This topic will likely generate increased participation for and against during the public comment section of your board meeting. Make sure the agenda item regarding SB 11 is clear so speakers have plenty of notice that it will be discussed at your meeting. Use language like “Consider adopting resolution regarding Daily Prayer Period pursuant to Tex. Educ. Code §25.0823(a-1)” that does not signify which direction the board is leaning with respect to the proposed resolution. You will need to ensure each board member’s vote is recorded on the motion to prove compliance with the March 1, 2026, deadline.
Senate Bill 965
Senate Bill 965 (“SB 965”) added a new section in the Texas Education Code pertaining to employee prayer or religious speech while on duty. This section effectively codifies the Supreme Court’s holding in Kennedy v. Bremerton Indep. Sch. Dist., 597 U.S. 507 (2022). This case discussed the nuance of a high school coach who was terminated for praying at the fifty yard line after football games. The Court held that “the speech rights of public school employees are [not] so boundless that they may deliver any message to anyone anytime they wish” but rather religious speech is permissible when an employee is not engaged in speech that is ordinarily in the employee’s scope of duties, is not sharing a government created message, and otherwise did not owe their existence to the employee’s responsibilities as a public employee. Kennedy, 597 U.S. 507, 527, 530 (2022). One of the distinguishing factors in Kennedy was the timing of the prayer. Evidence in the record showed that post-game was a time other employees were allowed to attend to personal matters such as checking scores on their phones and greeting friends and family. Id. at 530.
All of this to say, SB 965’s purpose is to ensure no school employee is disciplined or terminated, as Kennedy was, for engaging in religious speech outside the scope of their duties and when other employees are permitted to attend to other matters. This bill does not give employees carte blanch to espouse their religious beliefs during class or in front of students. Any employee using class time to discuss religion, proselytize, or compel religious participation by students is still prohibited. This is a nuanced area of law rife with potential litigation. If you have an employee who is, in your opinion, engaging in prohibited conduct, contact your legal counsel prior to issuing any directive or memorandum.
