Prayer in Public Schools laws - Information on the law about Prayer in Public Schools
provisions period silence statutory
Although the United States Supreme Court ruled prayer in public schools unconstitutional in 1962, many individual states have not taken action to conform with the Court's edict. Until the early 1960s, there were no laws on the subject of prayer in schools, though some states' supreme courts have addressed the practice under their own state constitutions. After the Supreme Court struck down the practice—without reference to any specific legal precedent or established legal theory—many states responded by drafting laws authorizing prayers and moments of silence designed to avoid the Supreme Court's definition of impermissible activity. Twenty-nine states have enacted such laws. For example, Delaware authorizes a brief period of silence up to two minutes of silence "to be used according to the dictates of the individual conscience of each student"; other states' statutes authorize "brief times" or one, two, or five minutes of "silent prayer," "silent reflection," or "silent meditation."
The law in this area, though settled, is still controversial. There are strong efforts afoot to reintroduce prayer in public schools, particularly by individuals who maintain that the current crisis in public education (low test scores, violence in the classrooms, drug and alcohol abuse) began when prayer was made illegal, and, conversely, strong efforts to fight the reintroduction, particularly by proponents of the theory of the separation of church and state.
The prevailing theme in the proposals to reintroduce prayer in public schools is one of voluntariness. Such efforts, however, are doomed as long as peer pressure in the classroom is equated with state action; that is, as states cannot encourage a particular religious practice, peer pressure exerted upon nonparticipants in a "voluntary" program is considered coercive.
Table 16: Prayer in Public Schools
| State | Code Section | Provisions |
| ALABAMA | 16-1-20 & 16-1-20.3. | Period of silence not to exceed one minute in duration, shall be observed for meditation or voluntary prayer, and during any such period no other activities shall be engaged in; student-initiated voluntary prayer permitted |
| ALASKA | No statutory provisions | |
| ARIZONA | No statutory provisions | |
| ARKANSAS | No statutory provisions | |
| CALIFORNIA | No statutory provisions | |
| COLORADO | No statutory provisions | |
| CONNECTICUT | 10-16a | Silent meditation |
| DELAWARE | Tit. 14 §4101, | A brief period of silence not to exceed two minutes to be used according to dictates of individual student's conscience. First Amendment read to students on first day. |
| DISTRICT OF COLUMBIA | No statutory provisions | |
| FLORIDA | 1003.45 | Brief period not to exceed two minutes, for the purpose of silent prayer or meditation |
| GEORGIA | 20-2-1050 | Brief period of quiet reflection for up to 60 seconds |
| HAWAII | No statutory provisions | |
| IDAHO | No statutory provisions | |
| ILLINOIS | 105 ILCS 20/1 | Brief period of silence which shall not be conducted as a religious exercise but shall be an opportunity for silent prayer or for silent reflection |
| INDIANA | 20-10.1-7-11 | Brief period of silent prayer or meditation |
| IOWA | No statutory provisions | |
| KANSAS | 72-5308a | Brief period of silence to be used as opportunity for silent prayer or for silent reflection |
| KENTUCKY | 158.175 | Recitation of Lord's prayer to teach our country's history and as an affirmation of the freedom of religion in this country, if authorized by local school district; pupil's participation is voluntary |
| LOUISIANA | 17:2115(A) | Brief time of silent meditation or prayer |
| MAINE | Tit. 20-A, §4805 | Period of silence shall be observed for reflection or meditation |
| MARYLAND | Educ. §7-104 | Meditate silently for approximately one minute; student or teacher may read the holy scriptures or pray |
| MASSACHUSETTS | Ch. 71 §1A & 1B | Period of silence not to exceed one minute in duration shall be observed for personal thoughts; voluntary prayer with approval of child's parents |
| MICHIGAN | §380.1565 | Opportunity to observe time in silent meditation |
| MINNESOTA | No statutory provisions | |
| MISSISSIPPI | 37-13-4.1 | Student-initiated voluntary prayer permitted on school property |
| MISSOURI | No statutory provisions |
Table 16: Prayer in Public Schools—Continued
| State | Code Section | Provisions |
| MONTANA | 20-7-112 | Any teacher, principal, or superintendent may open the school day with a prayer |
| NEBRASKA | No statutory provisions | |
| NEVADA | 388.075 | Silent period for voluntary individual meditation, prayer, or reflection |
| NEW HAMPSHIRE | 189:1-b | Period of not more than five minutes shall be available to those who wish to exercise their right to freedom of assembly and participate voluntarily in the free exercise of religion; no teacher supervision |
| NEW JERSEY | 18A:36-4 | Observe a one minute period of silence to be used solely at the discretion of the individual student for quiet and private contemplation or introspection |
| NEW MEXICO | No statutory provisions | |
| NEW YORK | Educ. §3029-a | Brief period of silent meditation which may be opportunity for silent meditation on a religious theme or silent reflection |
| NORTH CAROLINA | 115C-47(29); (29b) | Period of silence not to exceed one minute in duration shall be observed and silence maintained; prayer by individuals on voluntary basis allowed |
| NORTH DAKOTA | 15.1-19-03.1 | Period of silence not to exceed one minute for meditation or prayer |
| OHIO | 3313.601 | Reasonable periods of time for programs or meditation upon a moral, philosophical, or patriotic theme |
| OKLAHOMA | 70 §11-101.1 | Shall permit those students and teachers who wish to do so to participate in voluntary prayer |
| OREGON | No statutory provisions | |
| PENNSYLVANIA | Tit. 24 §15-1516.1 | Brief period of silent prayer or meditation which is not a religious exercise but an opportunity for prayer or reflection as child is disposed |
| RHODE ISLAND | 16-12-3.1 | Period of silence not to exceed one minute in duration shall be observed for meditation and silence maintained |
| SOUTH CAROLINA | 59-1-443 | Mandatory minute of silence at the beginning of each school day |
| SOUTH DAKOTA | No statutory provisions | |
| TENNESSEE | 49-6-1004 | Mandatory period of silence of approximately one minute; voluntary student participation in or initiation of prayer permitted |
| TEXAS | Educ. 25.901 | Student has absolute right to individually, voluntarily, and silently pray or meditate in a nondisruptive manner |
| UTAH | 53A-11-901.5 | Teacher may provide for the observance of a period of silence |
| VERMONT | No statutory provisions | |
| VIRGINIA | 22.1-203 & .1 | School may establish the daily observance of one minute of silence; students may engage in voluntary student-initiated prayer |
| WASHINGTON | No statutory provisions |
Table 16: Prayer in Public Schools—Continued
| State | Code Section | Provisions |
| WEST VIRGINIA | Const. Art. III, §15A | Designated brief time for students to exercise their right to personal and private contemplation, meditation, or prayer |
| WISCONSIN | No statutory provisions | |
| WYOMING | No statutory provisions |
User Comments
almost 3 years ago
dear, mr President of the united states. my name is Trevor McSpaden and i think prayer in public schools shouldnt be illegal. thanks and God bless.
over 2 years ago
Justin
§ 25.901. EXERCISE OF CONSTITUTIONAL RIGHT TO PRAY. A
public school student has an absolute right to individually,
voluntarily, and silently pray or meditate in school in a manner
that does not disrupt the instructional or other activities of the
school. A person may not require, encourage, or coerce a student to
engage in or refrain from such prayer or meditation during any
school activity.
In the school I went to they did not let us have our hands folded in prayer,I myself consider this ridiculous.
over 2 years ago
Lucretia-iluvJesus-minardo
I would also like to address the fear and ignorance of Ms. Kandis. The first thing that should be noted is that you are not asked to participate. As a matter of fact, in a classroom prayer, you would be permitted to leave the room, where you can praise satin or whoever it is you follow. Secondly, it is very ignorant to speak on things you do not understand. This is obviously the reason you want no part in prayer to God. Ignorance envokes fear. If you knew anything about God, you would suffer from neither fear nor ignorance! Also, since you want to justify prayer bans, why is it O.K. to study Hitler, and Buddah, and the Koran, but not the Bible. I suspect I will see you on a blog fighting to ban these school sctivities as well. Us Christians know all about you people. Our God has prpared us for battle with you and your demons...unlike you, WE are not afraid. The Government, the Constitution, the schools, and you have no way of stopping us from praising our God. We can do it without you even knowing because our God knows us on the inside. I hope to meet you one day so I can stand next to you and silently pray them bad spirits off of you. God Bless you Honey!!!
over 2 years ago
Southern Pentacostal
To Kandis, if u gotta problem with the way Christians handle ourselves, walk out of the room. I'm gonna pray however i wanna pray. Thats y this country is goin down the drain. We were built on CHRISTIAN morals and values. Thats the ONLY reason we won our independece. God helped us get away from religious persecution. Stopping prayer in public school is a way of persecution. So, eventually, God will have his vengence on this country. And back to Ms Kandis, if u have a problem with this CHRISTIAN nation, LEAVE!!!! Thanks, and GOD BLESS!!!
over 2 years ago
Judeo-Christian Constitution
To Kandis, I am sorry I fail to understand what in this article prompted your rant on Christianity. I see nothing in here that said this mooment of silence is going to be a Christian Prayer? I think you need to take some of your own advice. You are allowed to think anything you want about Christians, but don't "push it" on all of us, to use your words. Keep your "dirty" predjudices to yourself.
almost 3 years ago
Kandis Worthington
Just so you know the only reason I'm on this website is to prove against prayer in school. Nobody has EVER said that you can't pray in school. And neither have they said that it has to loud and obnoxious! You dirty Christians need to think of other people other than yourselves...not everyone is Christian, not everyone believes in something that makes sense to only you. NOT EVERYONE wants to be subjected to the uniforms of today.
You can pray in school. Do it quietly. Do it for breakfast. Do it for lunch. Do it for dinner. Do it for each assignment. Every class. Every hour. Every minute. Every second. Every grade. Every person you pass. Every step you take. Hell, even do it for every breath you take or every time you blink.
But keep it to yoursleves! I am not Christian! But that doesn't mean I don't believe in a higher power. I want my religion to be respected just as much as every Christian wants every one to know "the blessing of blah blah" whatever you people say. But that doesn't mean you push it on other people. That doesn't mean that we find your religion illogical and instead we found a religion that makes us feel safe, that we understand and love.
I don't care that you want to pray, but I want to have no part in it
over 2 years ago
Demetius clark
schools such as northpitt high school restrict the practice of religion peirod is this constitional or not i know in the first ammendment it say we have te right to prACTICE BUT DO THAT EXTEND TO THE SCHOOL SETTINGS TO
almost 3 years ago
I need to know if teachers in public school can have prayer groups, meetings, while on contracted time?
over 3 years ago
This article neglects to mention the landmark case: Weiss et. al. v. The District Board of School District No. Eight of the City of Edgerton, 76 Wis. 177; 44 N.W. 967 (1890). While technically it addresses the practice of teaching a protestant Bible to Catholic students, the dispute is essentially the same. Also, the article says, "After the Supreme Court struck down the practice—without reference to any specific legal precedent or established legal theory..." While it is true that no *specific* precedent is invoked, facts and findings from related cases were certainly reviewed.
Regards
over 2 years ago
branson cobb
Amen
3 months ago
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3 months ago
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over 1 year ago
Rcurtis
The U.S was based on Christian standards. We should be able to pray out in public and school. If you dont like it i think you should go to another country. ONE NATION UNDER GOD, not anyone else or anything else. God bless America and Everyone in it.