SENATE AMENDED
PRIOR PRINTER'S NOS. 649, 2326, 2683 PRINTER'S NO. 4353
No. 592 Session of 2001
INTRODUCED BY EGOLF, BENNINGHOFF, DeLUCA, DeWEESE, T. ARMSTRONG,
READSHAW, YOUNGBLOOD, NAILOR, BELARDI, CORNELL, LYNCH,
HENNESSEY, CALTAGIRONE, GEIST, GRUCELA, PHILLIPS, M. BAKER,
TRAVAGLIO, VANCE, GEORGE, SOLOBAY, FEESE, TULLI, LAUGHLIN,
DAILEY, ORIE, CAPPELLI, WOJNAROSKI, ZUG, DALEY, BELFANTI,
WILT, LEDERER, STABACK, WOGAN, TIGUE, DALLY, FRANKEL, SHANER,
JADLOWIEC, FAIRCHILD, FORCIER, CLARK, SCHRODER, S. MILLER,
FICHTER, SCHULER, PISTELLA, BASTIAN, E. Z. TAYLOR, WALKO,
LEH, ROHRER, SURRA, MARSICO, SATHER, CIVERA, McNAUGHTON,
WASHINGTON, T. STEVENSON, KELLER, BARRAR, BARD, METCALFE,
HUTCHINSON, COLAFELLA, STERN, HASAY, HESS, CLYMER, MICHLOVIC,
LUCYK, PETRARCA, COSTA, HORSEY, SEMMEL, SAMUELSON, HARHAI,
GABIG, HABAY, MAHER, GORDNER AND DiGIROLAMO, FEBRUARY 8, 2001
SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED,
OCTOBER 1, 2002
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for the display of
6 the United States flag and relating ceremonies, for <--
7 disqualifications for teacher's certificate, for days schools
8 not to be kept open and for meditation and prayer periods;
9 and requiring the Department of Education to pay for all
10 flags. THE UNITED STATES FLAG AND RELATING CEREMONIES. <--
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 771 of the act of March 10, 1949 (P.L.30,
14 No.14), known as the Public School Code of 1949, amended January
15 8, 1952 (1951 P.L.1856, No.497), is amended to read:
1 Section 771. Display of United States Flag; Development of
2 Patriotism.--(A) The board of school directors in each district <--
3 shall, when they are not otherwise provided, purchase a United
4 States flag, flagstaff, and the necessary appliances therefor,
5 and shall display said flag upon or near each public school
6 building in clement weather, during school hours, and at such
7 other times as the board may determine.
8 (B) All boards of school directors, all proprietors or <--
9 principals of private schools, and all authorities in control of
10 parochial schools or other educational institutions, shall
11 display the United States national flag, not less than three
12 feet in length, within all school buildings under their control
13 during each day such schools are in session. In all public
14 schools, the board of school directors shall make all rules and
15 necessary regulations for the care and keeping of such flags.
16 The expense thereof shall be paid by the school district.
17 (C) (1) All supervising officers and teachers in charge of <--
18 public, private or parochial schools shall [establish and direct
19 the conduct of appropriate daily instruction or ceremonies, or,
20 in lieu thereof,] cause the Flag of the United States of America
21 to be displayed in every classroom during the hours of each <--
22 school day, and shall offer the Pledge of Allegiance or the
23 national anthem in grades one through twelve at the beginning of
24 each school day. No pupil may be compelled against the pupil's
25 objection, approved in writing, by the pupil's parent or
26 guardian, to recite the Pledge of Allegiance or to sing the
27 national anthem. In addition, the supervisor, officers and
28 teachers may offer BE DISPLAYED IN EVERY CLASSROOM DURING THE <--
29 HOURS OF EACH SCHOOL DAY, AND SHALL PROVIDE FOR THE RECITATION
30 OF THE PLEDGE OF ALLEGIANCE OR THE NATIONAL ANTHEM AT THE
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1 BEGINNING OF EACH SCHOOL DAY. STUDENTS MAY DECLINE TO RECITE THE
2 PLEDGE OF ALLEGIANCE AND MAY REFRAIN FROM SALUTING THE FLAG ON
3 THE BASIS OF RELIGIOUS CONVICTION OR PERSONAL BELIEF. THE
4 SUPERVISING OFFICER OF A SCHOOL SUBJECT TO THE REQUIREMENTS OF
5 THIS SUBSECTION SHALL PROVIDE WRITTEN NOTIFICATION TO THE
6 PARENTS OR GUARDIAN OF ANY STUDENT WHO DECLINES TO RECITE THE
7 PLEDGE OF ALLEGIANCE OR WHO REFRAINS FROM SALUTING THE FLAG.
8 (2) THIS SUBSECTION SHALL NOT APPLY TO ANY PRIVATE OR
9 PAROCHIAL SCHOOL FOR WHICH THE DISPLAY OF THE FLAG, THE
10 RECITATION OF THE PLEDGE OF ALLEGIANCE OR THE SALUTE OF THE FLAG
11 VIOLATES THE RELIGIOUS CONVICTION ON WHICH THE SCHOOL IS BASED.
12 (D) THE SUPERVISING OFFICERS AND TEACHERS IN CHARGE OF
13 PUBLIC, PRIVATE OR PAROCHIAL SCHOOLS MAY OFFER at least one full
14 period per week, for the purpose of affirming and developing
15 allegiance to and respect for the Flag of the United States of
16 America, and for the promoting of a clear understanding of our
17 American way of life, with all of the unparalleled individual
18 opportunities, and our republican form of government, with its
19 responsiveness to majority decisions and demands. Such elements
20 shall be included in this program as instruction in the
21 fundamental principles of our form of government, an
22 understanding of the provisions of the Constitution of the
23 Commonwealth of Pennsylvania and the Constitution of the United
24 States of America, the values to be found in the freedom of
25 speech, of religion and of the press, the values to be found in
26 obedience to the laws of the land and the Commonwealth, the
27 importance of exercising the right of franchise, the obligation
28 of every citizen to stand ready to defend our country at all
29 times from infiltration or aggression by those whose acts and
30 ideologies are contrary to our American philosophy of life.
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1 Section 2. Section 1209 of the act, amended April 15, 1959 <--
2 (P.L.41, No.16) and June 24, 1959 (P.L.485, No.110), is amended
3 to read:
4 Section 1209. Disqualifications.--No teacher's certificate
5 shall be granted to any person who has not submitted, upon a
6 blank furnished by the [Superintendent of Public Instruction]
7 Secretary of Education, a certificate from a physician legally
8 qualified to practice medicine in this Commonwealth, or in any
9 other state or the District of Columbia, setting forth that said
10 applicant [is neither mentally nor physically disqualified, by
11 reason of tuberculosis or any other communicable disease or by
12 reason of mental disorder from successful performance of the
13 duties of a teacher; nor to any person who has not a good moral
14 character, or who is in the habit of using opium or other
15 narcotic drugs in any form, or any intoxicating drink as a
16 beverage, or to any applicant who has a major physical
17 disability or defect unless such a person submits a certificate
18 signed by an official of the college or university from which he
19 was graduated or of an appropriate rehabilitation agency,
20 certifying that in the opinion of such official the applicant,
21 by his work and activities, demonstrated that he is sufficiently
22 adjusted, trained and motivated to perform the duties of a
23 teacher, notwithstanding his impediment.] has no current mental
24 or physical impairment which prevents said applicant from
25 performing the essential functions of a teaching position with
26 or without reasonable accommodation and that said applicant does
27 not currently use illegal drug substances.
28 Section 3. Section 1502(a) of the act, amended June 25, 1997
29 (P.L.297, No.30), is amended to read:
30 Section 1502. Days Schools not to be Kept Open.--(a) Except
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1 as provided in subsection (c), no school shall be kept open on
2 any Saturday for the purpose of ordinary instruction, except
3 when Monday is fixed by the board of school directors as the
4 weekly holiday, or on Sunday, Memorial Day, Fourth of July,
5 [Christmas] Veterans Day, Thanksgiving, Christmas, the First of
6 January and up to five additional days designated as local
7 holidays in the adopted school calendar by the board of school
8 directors as official local school district holidays, nor shall
9 any school be kept open in any district during the time of
10 holding the teachers' institute for such district. The board of
11 school directors may cancel any day designated as a local
12 holiday in the event of a weather emergency or natural disaster.
13 * * *
14 Section 4. Section 1516.1 of the act, added December 6, 1972
15 (P.L.1412, No.305), is amended to read:
16 Section 1516.1. Meditation and Prayer Periods.--(a) In each
17 public school classroom, the teacher in charge [may, or if so
18 authorized or directed by the board of school directors by which
19 he is employed,] shall, at the opening of school upon every
20 school day, conduct a brief period of silent prayer or
21 meditation with the participation of all the pupils therein
22 assembled.
23 (b) The silent prayer or meditation authorized by subsection
24 (a) of this section is not intended to be, and shall not be
25 conducted as, a religious service or exercise, but shall be
26 considered as an opportunity for silent prayer or meditation on
27 a religious theme by those who are so disposed, or a moment of
28 silent reflection on the anticipated activities of the day.
29 Section 5. The Department of Education shall provide or pay
30 for all flags required by this act.
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1 Section 6 2. This act shall take effect in 60 days. <--
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