As Passed by the House

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



A BILL
To amend sections 3313.601 and 3313.602 of the Revised1
Code to direct the board of education of each2
school district to require all students to observe3
a minute of silence each school day for prayer,4
reflection, or meditation upon a moral,5
philosophical, or patriotic theme, and to require6
school district boards of education to set aside a7
period of time each day for the oral recitation of8
the Pledge of Allegiance to the Flag.9


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

       Section 1.  That sections 3313.601 and 3313.602 of the10
Revised Code be amended to read as follows:11

       Sec. 3313.601. No(A) The board of education of each school12
district shall provide for a minute of silence each school day13
with participation of all students for prayer, reflection, or14
meditation upon a moral, philosophical, or patriotic theme. No 15
teacher shall select or determine the theme for the daily minute 16
of silence.17

       (B) No board of education shall prohibit a classroom teacher18
from providing in histhe teacher's classroom reasonable periods19
of time, in addition to the period of time set aside under20
division (A) of this section, for programs or meditation upon21
activities of a moral, philosophical, or patriotic theme. No22
pupil shall be required to participate in such programs or23
meditationsactivities under this division if they are contrary to24
the religious convictions of the pupil or histhe pupil's parents25
or guardians.26

       (C) With respect to the period of time set aside under27
division (A) of this section, no board of education of a school28
district shall adopt any policy or rule respecting or promoting an29
establishment of religion or prohibiting any pupil from the free,30
individual, and voluntary exercise or expression of the pupil's31
religious beliefs.32

       Sec. 3313.602.  (A) The board of education of each city,33
local, exempted village, and joint vocational school district34
shall adopt a policy specifying whether or notrequiring that a35
period of time be set aside each school day for the oral36
recitation of the pledge of allegiance to the flag shall beas a37
part of the school's program and, if so, establishing a time and38
manner for suchthe recitation. The policy adopted under this39
division shall not require any student to participate in the40
recitation and shall prohibit the intimidation of any student by41
other students or staff aimed at coercing participation.42

       (B) In the development of its graded course of study, the43
board of education of each city and exempted village school44
district and the governing board of each educational service45
center shall ensure that the principles of democracy and ethics46
are emphasized and discussed wherever appropriate in all parts of47
the curriculum for grades kindergarten through twelve.48

       (C) Each city, local, exempted village, and joint vocational49
school board shall adopt policies that encourage all certificated50
and noncertificated employees to be cognizant of their roles in51
instilling ethical principles and democratic ideals in all52
district pupils.53

       (D) The board of education of each city, local, joint54
vocational, chartered community, and exempted village school55
district, and the Cleveland Scholarshipscholarship and Tutoring56
Programtutoring program, shall require each district school to57
devote time on or about Veterans' day to an observance that58
conveys the meaning and significance of that day. The amount of59
time each school devotes to this observance shall be at least one60
hour or, in schools that schedule class periods of less than one61
hour, at least one standard class period. The board shall62
determine the specific activities to constitute the observance in63
each school in the district after consultation with the school's64
administrators.65

       Section 2.  That existing sections 3313.601 and 3313.602 of66
the Revised Code are hereby repealed.67