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David
Blount, Editor
Over the years, the Virginia General Assembly has frequently
been faced with deciding moral and ethical issues as they
pertain to the public school setting. The Code of Virginia
is sprinkled with references to citizenship, character education
and values. The Code has long contained a section, 22.1-208,
stating that “the entire scheme of instruction in the
public schools shall emphasize moral education through lessons
given by teachers and imparted by appropriate reading selections.”
The Standards of Quality require that the Standards of Learning
include “the development of personal qualities such as
self-esteem, sociability, self-management, integrity, and
honesty,” and that local school boards implement programs
of instruction that emphasize the “essential skills and
concepts of citizenship.” Another section, 22.1-201,
requires emphasis on citizen responsibilities related to the
study of certain historical documents, such as the Declaration
of Independence and the U.S. Constitution.
In recent years, the legislature has expanded the law in
these and related areas. In 1994, HB
1098 was approved to permit students to engage in student-initiated
prayer, consistent with constitutional principles of freedom
of religion and separation of church and state, and, through
HB
1274 , the General Assembly directed the Board of Education
(BOE) to develop guidelines on prayer and other religious
expression in schools. In 1996, through HB
433 and HB
1118, the legislature charged the BOE with developing
guidelines on Constitutional rights and restrictions concerning
the Pledge of Allegiance to the American flag in the public
schools. Two years later, provisions requiring instruction
in the flag were expanded to include “etiquette and conventions
for respecting the dignity and appropriate display of the
flag.”
During the 2000 legislative session, SB
209 was approved to require the daily observance of a
(one-minute) moment of silence in every public school classroom,
during which students may meditate, pray, or reflect or engage
in any other silent activity.
One of the most hotly debated bills of the 2001 session was
the so-called “Pledge of Allegiance” bill. As approved,
SB
1331 requires students to learn and demonstrate knowledge
of the Pledge of Allegiance and to recite the Pledge each
school day; school boards also must ensure that an American
flag is in place in each school classroom. The bill had contained
provisions for disciplining of students who refused to recite
the Pledge, but those were deleted from the final bill.
Character education also has assumed a higher legislative
profile the past several years. In 1998, the General Assembly
established, through HB
1344 , the Commonwealth Character Initiative, a unit within
the Department of Education to assist school divisions in
implementing character education programs and practices designed
to promote the development of personal qualities (as required
by the SOQ). A year later, SB
817 required school boards to establish character education
programs to educate students regarding common core civic values
and virtues. The Board of Education was directed to develop
criteria for these programs, which are required to be interwoven
into the school environment and structure.
Finally, the whole scheme of morals and values and in schools
has been elevated to discussion of a proposed amendment to
the Virginia Constitution. On several occasions in recent
years, the General Assembly has entertained, amidst much controversy,
proposed Constitutional amendments that would provide that
“the right of parents to direct the upbringing and
education of their children is a fundamental right.” None has been successful. The legislature also has shot down
attempts to award attorney fees to plaintiffs who successfully
challenge state and local government on policies that violate
the fundamental right and duty of a parent to direct the upbringing
of the parent’s child. In 2000, the legislature did
approve a resolution urging Congress to propose a constitutional
amendment to allow for voluntary school prayer in public schools.
As cited in the Citizenship, Character Education and Values
issue briefing, student behavior reflects the decline in values.
Although no formal legislative study is expected in this area,
it is likely the legislature will continue to make specific
statements and requirements that attempt to enhance a sense
of values and community in the public school setting. The
so-called “Parental Rights Amendment” and attorney
fees bill mentioned earlier likely will be before the legislature
again in the coming years.
1994 – HB 1098, HB 1274
1995 – HB 2481 (required Pledge of Allegiance)
1996 – HB 433, HB 1087 (Five minute period for
moral/ethical reading ), HB 1098, HB 1118, HJ 188 (Constitutional
Amendment on parental rights; also SJ 98)
1998 – HB 1326 (Character development program),
HB 1344, SB 174 (Flag etiquette)
1999 – HB 2006 (Attorney fees), SB 817, SB 1128
(Character education in intervention programs) SJ 512 (Constitutional
amendment on parental rights)
2000 – HB 67 (Attorney fees), HB 1335 (Presentation
of more/ethical readings), HJ 71 (Congressional prayer amendment)
2001 – HB 1557 (moment of silence amendment),
HB 2644 (policies on appropriate manner of addressing teachers
and administrators), SB 1313
In 2000, South Carolina approved legislation to require local
school boards to develop policy that addresses character education.
The measure states that any character education program implemented
must incorporate, among other things, honesty, self control,
courtesy, citizenship, fairness, kindness and self responsibility.
It also is significant to note that over the years, more than
30states have addressed recitation of the Pledge of Allegiance
in public schools, with some 20states requiring students
to recite the Pledge.
ECS Online
Click here for a policy issue briefing on “Citizenship,
Character Education, and Values.”
Click cepi@vcu.edu to provide
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