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. - Virginia Statutes

§ 22.1-202. Instruction in history and principles of flags of United Statesand Virginia; pledge of allegiance to American flag; guidelines developed bythe Board.

A. Instruction in the history and principles of the flag of the United Statesand the flag of the Commonwealth shall be given in one or more grades inevery school division. The instruction shall include the pledge of allegianceand the appropriate etiquette and conventions for respecting the dignity andappropriate display of such flags.

In recognition of the civic heritage of the United States of America, allstudents shall be required to learn the Pledge of Allegiance and todemonstrate such knowledge.

B. To promote compliance with constitutional restrictions as well asobservance of constitutional rights, the Board of Education shall, inconsultation with the Office of the Attorney General, develop guidelines onconstitutional rights and restrictions relating to the recitation of thepledge of allegiance to the American flag in public schools.

The Board's guidelines shall include, but shall not be limited to, provisionswhich address the following: the initiative and involvement of local schoolboards, individual schools, administrators, teachers, and students; thepropriety and constitutionality of any recitation or participationrequirements; appropriate etiquette and conventions for respecting thedignity and appropriate display of the flag of the United States and the flagof 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 theAdministrative Process Act (§ 2.2-4000 et seq.). However, to provideappropriate opportunity for involvement by the general public, teachers, andlocal school boards, the Board of Education shall conduct public hearingsprior to establishing such guidelines. Thirty days prior to conducting suchhearings, the Board shall give written notice by mail of the date, time, andplace of the hearings to all local school boards and any other personsrequesting to be notified of the hearings and publish notice of its intentionto hold such hearings in the Virginia Register of Regulations. Interestedparties shall be given reasonable opportunity to be heard and presentinformation prior to the adoption of such guidelines.

C. Each school board shall require the daily recitation of the Pledge ofAllegiance in each classroom of the school division and shall ensure that theflag of the United States is in place in each such classroom. Each schoolboard shall determine the appropriate time during the school day for therecitation of the Pledge. During such Pledge of Allegiance, students shallstand and recite the Pledge while facing the flag with their right hands overtheir hearts or in an appropriate salute if in uniform; however, no studentshall be compelled to recite the Pledge if he, his parent or legal guardianobjects on religious, philosophical or other grounds to his participating inthis exercise. Students who are thus exempt from reciting the Pledge shallremain quietly standing or sitting at their desks while others recite thePledge and shall make no display that disrupts or distracts others who arereciting the Pledge. School boards shall provide appropriate accommodationsfor students who are unable to comply with the procedures described hereindue to disability.

The school board's code of conduct shall apply to disruptive behavior duringthe recitation of the Pledge in the same manner as provided for othercircumstances of such behavior.

D. The Office of the Attorney General shall intervene on behalf of localschool boards and shall provide legal defense of the provisions of thissection.

(Code 1950, § 22-165; 1980, c. 559; 1996, cc. 122, 124; 1998, c. 128; 2001,c. 666.)