Mandatory "Brief Period of Silence" at the Beginning of Each School Day

10/15/07

On October 11, 2007, an amendment to the Silent Reflection and Student Prayer Act (105 ILCS 20/1) became law due to the Illinois General Assembly's override of Governor Blagojevich's veto. The amendment requires all public school districts to observe a brief period of silence at the beginning of each school day:

 

In each public school classroom the teacher in charge shall observe a brief period of silence with the participation of all the pupils therein assembled at the opening of every school day. This period shall not be conducted as a religious exercise but shall be an opportunity for silent prayer or for silent reflection on the anticipated activities of the day.

 

The Act previously permitted, but did not require, school districts to recognize a brief period of silence at the opening of each school day. The constitutionality of the statute will likely be challenged. It is worth noting that a number of similar laws in other states have survived constitutional scrutiny when "reflection" is cited in addition to "prayer."

 

In order to comply with the law, we recommend that each school district develop a district-wide policy that requires a mandated period of silence at a set time each day, e.g., immediately following the Pledge of Allegiance. By aligning it with the Pledge, the period of silence would be integrated into a routine that students are familiar and comfortable with, guaranteeing uniformity and consistency among the district's schools. Individual teachers should be cautioned not to use the period of silence as a "religious exercise." Importantly, teachers must comply with the law; it is not discretionary.

 

As for the duration of the moment of silence, the Act does not define what constitutes a "brief period." This decision is left to the discretion of each school district. We recommend a minimum of ten seconds of silence; anything less than ten seconds may not be construed as meaningful.

 

This amendment is effective immediately. If you have questions or concerns, we encourage you to call the Franczek Sullivan attorney with whom you normally work.