CHAPTER 130

FORMERLY

SENATE BILL NO. 235

AN ACT TO AMEND CHAPTER 41, TITLE 14 OF THE DELAWARE CODE RELATING TO A MOMENT OF SILENT REFLECTION IN PUBLIC SCHOOLS.

WHEREAS, a brief period of quiet reflection at the beginning of the school day is a benefit to students in that it acts as an appropriate pause between the rush to school and the activities of the day; and

WHEREAS, such a period benefits the schools in that it promotes an orderly environment conducive to learning: and

WHEREAS, that period should be used by each student according to the dictates of that student's conscience; and

WHEREAS, the U.S. Supreme Court in Wallace v. Jaffree, (June 4, 1985), has invalidated an Alabama statute which could be construed as a State endorsement of prayer activities; and

WHEREAS, Delaware has never intended, nor does it now intend, to mandate any activity which is violative of the First Amendment.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend §4101(b), Chapter 41 of Title 14 of the Delaware Code by striking subsection (b) in its entirety and substituting In lieu thereof the following:

"(b) During the initial period of study on each school day all students in the public schools in Delaware may be granted a brief period of silence, not to exceed two minutes in duration, to be used according to the dictates of the Individual conscience of each student. During that period of silence no other activities shall take place."

Approved July 4, 1985.