School Board of the City of Virginia Beach
Policy 6-16
INSTRUCTION
Ceremonies and Observances
- Generally
The School Board encourages the observance throughout the school division of such special days and occurrences as are proclaimed by the Governor of the State of Virginia and the President of the United States. Such observances should be of educational value to the students and in acceptable taste.
- Flags
In accordance with the Code of Virginia, the flags of the United States of America and the Commonwealth shall be flown at each school.
- Minute of Silence
The Superintendent shall ensure that students observe the minute of silence as mandated by the Code of Virginia quoted in the legal reference to this policy.
- Commencements/Other Ceremonies
The First Amendment of the United States Constitution, as interpreted by caselaw, requires school officials to be neutral in their treatment of religion showing neither favoritism toward nor hostility against religion. Accordingly, the School Board and School Administration may not mandate, organize or sponsor religious activities or ceremonies. However, religious activity that is initiated by private individuals will be protected in keeping with current caselaw and directives of the United States Department of Education and the Virginia Board of Education.
- Pledge of Allegiance
In accordance with the Code of Virginia, the Superintendent shall ensure 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. The Code of Student Conduct shall apply to disruptive behavior during the recitation of the Pledge in the same manner as provided for other circumstances of such behavior; however, no student shall be compelled to recite the Pledge if he, 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. The principal shall provide appropriate accommodations for students who are unable to comply with the procedures described herein due to disability.
- Posting of “In God We Trust”
All School Boards in Virginia shall prominently post the statement, “In God We Trust”, the National Motto, enacted by Congress in 1956, in a conspicuous place in each of their schools for students to read.
- Implementation of Constitution Day and Citizenship
According to a 2004 Congressional initiative, educational institutions receiving federal funding from the United States Department of Education (USED), are required to implement an educational program pertaining to the United States Constitution, on a date designated by statute as Constitution Day and Citizenship Day. Section 111 (b) states, “Each educational institution that receives federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.” When September 17 falls on a Saturday, Sunday, or holiday, Constitution Day may be observed during the preceding or following week.
Legal References :
Code of Va., § 22.1-1, as amended, Definition.
Code of Va., § 22.1-133, as amended, Flags.
Code of Va., § 22.1-201, as amended, Study of Documents of Virginia History and United States Constitution.
Code of Va., § 22.1-202, as amended, Instruction in history and principles of flags of United States and Virginia; pledge of allegiance to American flag; guidelines developed by the board.
Code of Va., § 22.1-203, as amended, Daily observance of one minute of silence.
The Office of the Attorney General shall intervene and shall provide legal defense of this law.
Code of Va., § 22.1-203.1, as amended, Student initiated prayer.
United States Department of Education Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools (2/7/03), as amended.
Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 §9524, as amended.
Acts of Assembly 2002 Chapter 902 (2003)
Editor's Notes
See Supts. Memo. No. 122 and Attachments A and B to Supts. Memo. No. 122 at www.pen.k12.va.us/VDOE/suptsmemos/2000/inf122.html
Adopted by School Board: November 16, 1976
Amended by School Board: February 1, 1977
Amended by School Board: August 21, 1990
Amended by School Board: July 16, 1991
Amended by School Board: July 13, 1993 (Effective August 14, 1993)
Amended by School Board: October 3, 2000
Amended by School Board: August 21, 2001
Amended by School Board: June 6, 2006