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Arkansas Code Annotated

Ark. Code Ann. § 6-16-108 (2020)

Recitation of the Pledge of Allegiance

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  1. The State Board of Education shall adopt a policy to require that public school students in grades kindergarten through twelve (K-12) participate in a daily recitation of the Pledge of Allegiance during the first class of each school day.
  2. The policy shall:
    1. Require that at the time designated for the recitation of the Pledge of Allegiance students shall stand and recite the Pledge of Allegiance while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform;
      1. Provide that no student shall be compelled to recite the Pledge of Allegiance if the student or the student's parent or legal guardian objects to the student's participating in the exercise on religious, philosophical, or other grounds.
      2. Students who are exempt from reciting the Pledge of Allegiance under subdivision (b)(2)(A) of this section shall be required to remain quietly standing or sitting at their desks while others recite the Pledge of Allegiance;
      1. Provide that teachers or other school staff who have religious, philosophical, or other grounds for objecting are exempt from leading or participating in the exercise.
      2. If a teacher chooses not to lead the Pledge of Allegiance, the policy shall require that another suitable person shall be designated either by the teacher or principal to lead the class; and
    4. Require the school to provide appropriate accommodations for students, teachers, or other staff who are unable to comply with the procedures described in this section due to disability.

History. Acts 2003, No. 1333, § 1.

Publisher's Notes. Former § 6-16-108, concerning Armistice Day as a holiday, was repealed by Acts 1993, No. 475, § 2. The former section was derived from Acts 1941, No. 348, §§ 1, 2; A.S.A. 1947, §§ 80-1609, 80-1610.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Education Law, School Rules, 26 U. Ark. Little Rock L. Rev. 383.

6-16-109, 6-16-110. [Repealed.]

Publisher's Notes. These sections, concerning teaching history, civics, and the United States Constitution, including devotion to American institutions and ideals, were repealed by Acts 1993, No. 475, §§ 3, 4. The sections were derived from the following sources:

6-16-109. Acts 1923, No. 614, §§ 2, 3, 5; Pope's Dig., §§ 3600, 3601, 3603, 11730, 11731, 11733; Acts 1957, No. 355, § 1; 1959, No. 290, § 1; A.S.A. 1947, §§ 80-1613, 80-1614, 80-1616.

6-16-110. Acts 1923 (1st Ex. Sess.), No. 31, §§ 1-5.

Notes of Decisions
Cited in 1 case
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Newdow v. Rio Linda Union Sch. Dist., 597 F.3d 1007 (9th Cir. 2010). “§ 15-506 (2002); Ark. Code Ann. § 6-16-108 (2007); Cal. Educ.”
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