SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
059124272Be it enacted by the General Assembly of Virginia:
1. That § 22.1-202 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-202. Instruction in history and principles of flags of United States and Virginia; Pledge of Allegiance to American flag; guidelines developed by the Board.
A. Instruction in the history and principles of the flag of
the United States and the flag of the Commonwealth shall be given in one or
more grades in every school division. The instruction shall include the pledge of
allegiance Pledge of Allegiance and the
appropriate etiquette and conventions for respecting the dignity and
appropriate display of such flags.
In recognition of the civic heritage of the United States of America, all students shall be required to learn the Pledge of Allegiance and to demonstrate such knowledge.
B. To promote compliance with constitutional restrictions as
well as observance of constitutional rights, the Board of Education shall, in
consultation with the Office of the Attorney General, develop guidelines on
constitutional rights and restrictions relating to the recitation of the pledge of
allegiance Pledge of Allegiance to the American
flag in public schools.
The Board's guidelines shall include, but shall not be limited
to, provisions which that address the following: the initiative
and involvement of local school boards, individual schools, administrators,
teachers, and students; the propriety and constitutionality of any recitation
or participation requirements, including parental notification [ or consent
] for minor students who decline to stand or to recite the pledge;
appropriate etiquette and conventions for respecting the dignity and
appropriate display of the flag of the United States and the flag of the
Commonwealth; and relevant state and federal constitutional concerns, such as
freedom of speech and religion.
These guidelines shall not be subject to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.). However, to provide appropriate opportunity for involvement by the general public, teachers, and local school boards, the Board of Education shall conduct public hearings prior to establishing such guidelines. Thirty days prior to conducting such hearings, the Board shall give written notice by mail of the date, time, and place of the hearings to all local school boards and any other persons requesting to be notified of the hearings and publish notice of its intention to hold such hearings in the Virginia Register of Regulations. Interested parties shall be given reasonable opportunity to be heard and present information prior to the adoption of such guidelines.
C. Each school board shall require the daily recitation of the
Pledge of Allegiance in each classroom of the school division and shall ensure
that the flag of the United States is in place in each such classroom. Each
school board shall determine the appropriate time during the school day for the
recitation of the Pledge. During such Pledge of Allegiance, students shall
stand and recite the Pledge while facing the flag with their right hands over
their hearts or in an appropriate salute if in uniform; however, no student
shall be compelled to recite the Pledge if he [ , or
] his parent or legal guardian objects on religious, philosophical or
other grounds to his participating in this exercise. Students who are thus
exempt from reciting the Pledge shall remain quietly standing or sitting at
their desks while others recite the Pledge and shall make no display that
disrupts or distracts others who are reciting the Pledge. School boards shall
provide appropriate accommodations for students who are unable to comply with
the procedures described herein due to disability.
The school board's code of conduct shall apply to disruptive behavior during the recitation of the Pledge in the same manner as provided for other circumstances of such behavior.
D. The Office of the Attorney General shall intervene on behalf of local school boards and shall provide legal defense of the provisions of this section.