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“Moment of Silence” Laws Are Common — and Controversial

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“Moment of Silence” Laws Are Common — and Controversial VOLUME 21, NO. 2 JANUARY 2008 “Moment of Silence” Laws Are Common — and Controversial A 2007 Illinois law requires a “brief period of silence” at the start of each school day. The law has been challenged in a federal court, where a judge issued a preliminary injunction barring the State Board of Education from implementing it. At least 32 other states require or permit public schools to have a moment of silence during each school day. History of Illinois Law The laws of New Jersey and West Vir- A 1969 Illinois law said a public school teacher could observe a brief period of si- ginia were held unconstitutional, but lence at the start of each school day with the participation of all students. The law have not been repealed. added that the period of silence “shall not be conducted as a religious exercise but The other 18 states permit a moment shall be an opportunity for silent prayer or for silent reflection on the anticipated of silence at teachers’ or school offi- activities of the day.” A section added in 2002 allowed public school students to cials’ discretion: voluntarily engage in prayer that is not endorsed by the school. The 2007 law (enacted over a veto) made a period of silence mandatory and took effect October Arizona Louisiana New York 11, 2007. Arkansas Maine North Carolina Delaware Maryland North Dakota In November 2007, Robert Sherman sued on behalf of his daughter in Chicago Florida Michigan Ohio federal district court for a preliminary injunction to prevent her school district and Kansas Mississippi Pennsylvania the State Board from implementing a mandatory period of silence. He argued that Kentucky New Mexico Utah the law is unconstitutionally vague, and that it violates the Establishment of Re- ligion clause of the First Amendment. A judge granted a preliminary injunction, Among the 32 other states with “mo- and the case remains pending. ment of silence” laws, 16 specify its length as 1 minute or up to 1 minute. House Bill 4180 (Fritchey-Eddy-Black-Pritchard), introduced in November 2007, Delaware and Florida permit up to 2 would amend the law to say that a public school teacher “may conduct” rather minutes. Laws of the remaining 14 than “shall observe” a period of silence, and that such a period may be used for si- states, like Illinois, do not say how lent reflection as desired by each student. The statement that the period of silence long the moment should be. Twelve may be used for silent prayer would be removed, and the law would be renamed states list prayer among the acceptable the “Student Silent Reflection Act.” House Bill 4186 (W.Davis) would change the uses of a moment of silence; the others law’s title to the “Student Silent Reflection Act” but make no substantive change. either list activities such as meditation Neither bill has been assigned to a substantive committee. or reflection, or do not specify any purpose. q Other States’ Laws At least 32 other states permit or require public schools to have a moment of si- Sarah E. Franklin lence in each school day. The provision is mandatory in 14 of them: Research Associate Alabama Nevada Tennessee Connecticut New Jersey Texas Georgia Oklahoma Virginia Inside this Issue Indiana Rhode Island West Virginia Abstracts of Reports Required to be Massachusetts South Carolina Filed With General Assembly ......... 2 ILLINOIS GENERAL ASSEMBLY LEGISLATIVE RESEARCH UNIT Abstracts of Reports Required to July 1, 2005 and June 30, 2006. IEPA converted most land (65,960 acres) be Filed with General Assembly due to facility planning area boundary changes in 15 counties. Other major The Legislative Research Unit staff is required to prepare abstracts of acre conversions: Commerce and Economic Opportunity (19,231), Com- reports required to be filed with the General Assembly. Legislators may merce Commission (4,918), Natural receive copies of entire reports by sending the enclosed form to the State Resources (2,539), and Transportation Government Report Distribution Center at the Illinois State Library. Ab- (1,531). Lists conversions by county. stracts are published quarterly. Legislators who wish to receive them more (505 ILCS 75/6; March 2007, 13 pp.) often may contact the executive director. Attorney General Administrators’ Academy Review in FY 2006. Among cases on the Lead poisoning cases, 2006 Task Force pre-hearing calendar, 57% were settled The Attorney General is required to Report, 2007 or dismissed before hearing. In 51% annually report to the General Assem- Task Force was created to examine of cases, one or both parties rejected bly the number of lead poisoning cases Illinois Administrators’ Academy and the arbitration decision. Only 1.6% of that have been referred to the Attorney recommend ways to improve profes- referred cases went to trial. (735 ILCS General by the Illinois Department of sional development of school admin- 5/2-1008A; undated, rec’d March Public Health. No cases were referred istrators. Recommends: (1) create 2007, 70 pp. + 3 appendices) between June 20, 2006 and January 1, a statewide mechanism to educate 2007. (410 ILCS 45/12.1; Feb. 2007, administrators on professional devel- Administrative & Regulatory 1 p.) opment expectations and communicate Shared Services Center Summary of results of Executive Order available courses and the process for State collection statistics, 2006 06-6 (2006) approving new courses; (2) support a State agencies referred 23,718 cases No major reorganizations or con- statewide system that adequately funds to the Attorney General, with $130.5 solidations have taken place so far. high quality professional development million owed to the state. Attorney Positions of Center Director, Admin- for educational leaders; (3) create a General collected $279.3 million on istrative Director, Chief Fiscal Officer, statewide expectation for high qual- referred cases, including cases referred and Human Resources Director have ity professional development for all in past years. The Department of been filled by current state employees. administrators; and (4) develop an Healthcare and Family Services Center had no recommendations for accountability system that ties course referred nearly 92% of the cases. (30 changes in law. (15 ILCS 15/11; Nov. offerings to characteristics of high ILCS 205/2(j); Feb. 2007, 2 pp.) quality professional development. 2006, 2 pp.) Auditor General (105 ILCS 5/21-7.15; July 2007, Older Adult Services Act report, 2007 Annual report, 2006 24 pp. + 3 appendices + executive Describes Department’s plans to Auditor General conducts financial summary) implement Older Adult Services Act and/or compliance audits for every (P. A. 93-1031). Accomplishments in Administrative Office of the Courts state agency, completing 153 in 2006. 2006 included: improving coordinated Court-annexed mandatory arbitration Major findings: DFPR’s Division of point of entry services to seniors, annual report, FY 2006 Banks and Real Estate did not have including a “no wrong door” policy; This program, created by the Su- adequate controls over its revenue increasing transportation rate for adult preme Court and General Assembly processing; DHS’s Central Office day service; increasing funding for to reduced civil case backlogs and did not bill residents in a timely Senior HelpLine and Home Delivered resolve complaints faster, began in manner; IDOT contract files lacked Meals program; increasing hourly rate 1986 and operates in 15 counties. basic information; RTA did not have for homemaker services by $1.00; Cases with “modest” claims (up to adequate internal controls over its and expanding the availability of $30,000 in Cook County; and $50,000 Transit Benefit Program; Department alternative respite services for family in Boone, DuPage, Ford, Henry, Kane, of Agriculture did not have adequate caregivers. (320 ILCS 42/15(c); Jan. Lake, McHenry, McLean, Mercer, control over gate/parking admissions 2007, 54 pp.) Rock Island, St. Clair, Whiteside, at the Illinois State Fair; Secretary of Will, and Winnebago) are automati- Agriculture, Dept. of State lacked adequate procedures over cally assigned to arbitration. If it fails, Farmland conversion, FY 2006 its state vehicles; IDES had several they may go to trial. There were State agencies purchased or affected weaknesses in the control procedures 28,100 cases referred to arbitration 94,179 total acres of land between relating to Social Security number 2 / Legislative Research Unit verification for new claimants; CMS reported needing the most bilingual 78 children, but chose to raise stan- lacked an adequate system to track employees at 386. (20 ILCS 415/9(6); dards by limiting the number to 66. savings achieved by vendors for effi- Dec. 2006, 8 pp.) The Center has 3 full-time teachers ciency initiatives; ISAC did not obtain for 4 classrooms with a 1:5 ratio in all independent reviews of an externally Business Enterprise Program annual rooms. The Bright Horizons Daycare controlled computerized system; report, FY 2006 at the Willard Ice Building in Spring- DNR did not accurately prepare and State agencies and universities field is staffed by 4 teachers and a di- submit year-end accounting reports; awarded over $395 million in con- rector, but seeks to add part-time staff. Illinois State Toll Highway Author- tracts to businesses under the Business The Shapiro Learning Milestones ity (ISTHA) did not complete timely Enterprise Program, for Minorities, daycare in Kankakee provides services reconciliations for some of its signifi- Females, and Persons with Dis- for children from 6 weeks to 13 years
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