As Reported by the Committee of Conference

124th General Assembly
Regular Session
2001-2002
Am. Sub. H. B. No. 394


REPRESENTATIVES Damschroder, Barrett, Calvert, Carey, Collier, Flowers, Hoops, Jolivette, Key, Latell, Latta, Lendrum, Metzger, Niehaus, Otterman, Patton, Roman, Schmidt, Seaver, Seitz, Setzer, Webster, White, Young, Callender, Reinhard, Fedor, Reidelbach, Faber, Aslanides, Manning, McGregor, Wolpert, Hughes, G. Smith, Olman, Gilb, Clancy, Carmichael, Hagan, Willamowski, Grendell, Kearns, Core, Fessler, Widowfield, Husted, Williams, DeWine, Schaffer, Raga, Schneider, Schuring, Evans, Buehrer, Distel, Cirelli, Peterson, Coates, Ogg, Rhine, Krupinski, Allen

SENATORS Mumper, Austria, Carnes, Harris, Hottinger, Shoemaker, Spada



A BILL
To amend sections 3313.601 and 3313.602 of the 1
Revised Code to permit the board of education of a 2
school district to provide for a moment of silence 3
each school day for prayer, reflection, or 4
meditation upon a moral, philosophical, or 5
patriotic theme; to prohibit boards of education, 6
schools, or employees of the school district from 7
requiring a pupil to participate in such a moment 8
of silence; to prohibit the board of education of 9
a school district from adopting certain policies 10
pertaining to religion or religious expression; 11
and to forbid boards of education from requiring 12
any student to participate in the oral recitation 13
of the Pledge of Allegiance to the Flag.14


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 3313.601 and 3313.602 of the 15
Revised Code be amended to read as follows:16

       Sec. 3313.601. The board of education of each school17
district may provide for a moment of silence each school day for 18
prayer, reflection, or meditation upon a moral, philosophical, or 19
patriotic theme. No board of education, school, or employee of 20
the school district shall require a pupil to participate in a 21
moment of silence provided for pursuant to this section. No board 22
of education shall prohibit a classroom teacher from providing in23
histhe teacher's classroom reasonable periods of time for24
programs or meditation uponactivities of a moral, philosophical, 25
or patriotic theme. No pupil shall be required to participate in 26
such programs or meditationsactivities if they are contrary to 27
the religious convictions of the pupil or histhe pupil's parents 28
or guardians.29

       No board of education of a school district shall adopt any30
policy or rule respecting or promoting an establishment of31
religion or prohibiting any pupil from the free, individual, and32
voluntary exercise or expression of the pupil's religious beliefs33
in any primary or secondary school. The board of education may34
limit the exercise or expression of the pupil's religious beliefs35
as described in this section to lunch periods or other36
noninstructional time periods when pupils are free to associate.37

       Sec. 3313.602.  (A) The board of education of each city,38
local, exempted village, and joint vocational school district39
shall adopt a policy specifying whether or not oral recitation of40
the pledge of allegiance to the flag shall be a part of the41
school's program and, if so, establishing a time and manner for42
suchthe recitation. The policy adopted under this division shall43
not require any student to participate in the recitation and shall44
prohibit the intimidation of any student by other students or45
staff aimed at coercing participation.46

       (B) In the development of its graded course of study, the47
board of education of each city and exempted village school48
district and the governing board of each educational service49
center shall ensure that the principles of democracy and ethics50
are emphasized and discussed wherever appropriate in all parts of51
the curriculum for grades kindergarten through twelve.52

       (C) Each city, local, exempted village, and joint vocational53
school board shall adopt policies that encourage all certificated54
and noncertificated employees to be cognizant of their roles in55
instilling ethical principles and democratic ideals in all56
district pupils.57

       (D) The board of education of each city, local, joint58
vocational, chartered community, and exempted village school59
district, and the Cleveland Scholarshipscholarship and Tutoring60
Programtutoring program, shall require each district school to61
devote time on or about Veterans' day to an observance that62
conveys the meaning and significance of that day. The amount of63
time each school devotes to this observance shall be at least one64
hour or, in schools that schedule class periods of less than one65
hour, at least one standard class period. The board shall66
determine the specific activities to constitute the observance in67
each school in the district after consultation with the school's68
administrators.69

       Section 2.  That existing sections 3313.601 and 3313.602 of 70
the Revised Code are hereby repealed.71