As Reported by the House Education Committee

124th General Assembly
Regular Session
2001-2002
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



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.15

       (B) No board of education shall prohibit a classroom teacher16
from providing in histhe teacher's classroom reasonable periods17
of time, in addition to the period of time set aside under18
division (A) of this section, for programs or meditation upon19
activities of a moral, philosophical, or patriotic theme. No20
pupil shall be required to participate in such programs or21
meditationsactivities under this division if they are contrary to22
the religious convictions of the pupil or histhe pupil's parents23
or guardians.24

       (C) With respect to the period of time set aside under25
division (A) of this section, no board of education of a school26
district shall adopt any policy or rule respecting or promoting an27
establishment of religion or prohibiting any pupil from the free,28
individual, and voluntary exercise or expression of the pupil's29
religious beliefs.30

       Sec. 3313.602.  (A) The board of education of each city,31
local, exempted village, and joint vocational school district32
shall adopt a policy specifying whether or notrequiring that a33
period of time be set aside each school day for the oral34
recitation of the pledge of allegiance to the flag shall beas a35
part of the school's program and, if so, establishing a time and36
manner for suchthe recitation. The policy adopted under this37
division shall not require any student to participate in the38
recitation and shall prohibit the intimidation of any student by39
other students or staff aimed at coercing participation.40

       (B) In the development of its graded course of study, the41
board of education of each city and exempted village school42
district and the governing board of each educational service43
center shall ensure that the principles of democracy and ethics44
are emphasized and discussed wherever appropriate in all parts of45
the curriculum for grades kindergarten through twelve.46

       (C) Each city, local, exempted village, and joint vocational47
school board shall adopt policies that encourage all certificated48
and noncertificated employees to be cognizant of their roles in49
instilling ethical principles and democratic ideals in all50
district pupils.51

       (D) The board of education of each city, local, joint52
vocational, chartered community, and exempted village school53
district, and the Cleveland Scholarshipscholarship and Tutoring54
Programtutoring program, shall require each district school to55
devote time on or about Veterans' day to an observance that56
conveys the meaning and significance of that day. The amount of57
time each school devotes to this observance shall be at least one58
hour or, in schools that schedule class periods of less than one59
hour, at least one standard class period. The board shall60
determine the specific activities to constitute the observance in61
each school in the district after consultation with the school's62
administrators.63

       Section 2.  That existing sections 3313.601 and 3313.602 of64
the Revised Code are hereby repealed.65