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Trustees raise legal concerns about SB11 prayer policy language; vote to pause and seek legal review
Summary
Trustees questioned language in two draft policies implementing Senate Bill 11 — notably consent forms and an 'injury in fact' phrase that could create standing to sue — and directed staff to revise language and return after legal review; the board did not adopt the policies at this meeting.
Canyon ISD trustees on March 9 paused action on new policies to implement Senate Bill 11 after members said draft language raised legal and practical concerns.
Caleb, the district policy presenter, summarized two proposed local policies (DGA and FNA) implementing SB11 requirements for a designated pre‑school period of prayer and Bible or other religious text reading. The policies as drafted require principals to set a time and place (not during instruction), and require signed consent forms for students and employees who choose to participate. The consent form language presented in the packet included three parts: a voluntary participation acknowledgement, a statement the participant has no objection to the prayer/reading, and a waiver of the right to bring a First Amendment/establishment clause claim.
Several trustees objected to the waiver language and to another phrase quoted from the statute — "injury in fact" — saying that wording could create unintended legal exposure if a parent or student alleged they were "harmed" by being within earshot of a prayer or by incidental contact during non‑instructional periods. "I will fight to defend the right and the freedom of every person in this room and every student on our campuses to say a prayer. They don't need a waiver," one trustee said, asking for research on what "injury in fact" means for federal standing to sue.
Caleb and staff said the quoted language came directly from Senate Bill 11 and that the statute also states it does not prohibit students or employees from otherwise praying or reading religious texts. Trustees asked staff to draft clear, protective language that preserves students’ ability to pray while limiting the district’s exposure, and to insert explicit statutory assurances into the policy text to clarify intent.
The board agreed to table final action and asked administration to return next month with revised policy language and legal analysis. No final vote was taken on the draft policies at this meeting.
