TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 21 BRIEF PERIOD OF QUIET REFLECTION

20-2-1050. Brief period of quiet reflection authorized; nature of period.

In each public school classroom, the teacher in charge shall, at the opening of school upon every school day, conduct a brief period of quiet reflection for not more than 60 seconds with the participation of all the pupils therein assembled.
The moment of quiet reflection authorized by subsection (a) of this Code section is not intended to be and shall not be conducted as a religious service or exercise but shall be considered as an opportunity for a moment of silent reflection on the anticipated activities of the day.
The provisions of subsections (a) and (b) of this Code section shall not prevent student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature.

(Ga. L. 1969, p. 488, § 1; Ga. L. 1994, p. 256, §§ 2, 3.)

Cross references.

- Freedom of conscience, Ga. Const. 1983, Art. I, Sec. I, Para. III.

Religious opinions and freedom of religion, Ga. Const. 1983, Art. I, Sec. I, Para. IV.

Editor's notes.

- Ga. L. 1994, p. 256, § 1, not codified by the General Assembly, provides: "The General Assembly finds that in today's hectic society, all too few of our citizens are able to experience even a moment of quiet reflection before plunging headlong into the day's activities. Our young citizens are particularly affected by this absence of an opportunity for a moment of quiet reflection. The General Assembly finds that our young, and society as a whole, would be well served if students were afforded a moment of quiet reflection at the beginning of each day in the public schools."

Ga. L. 1994, p. 256, § 4, not codified by the General Assembly, provides: "If any portion of this bill is found to be unconstitutional, it shall be stricken and the remaining portions of this bill shall remain in full force and effect as if the stricken portion had not been enacted."

Law reviews.

- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 187 (1994).

JUDICIAL DECISIONS

Section held constitutional.

- O.C.G.A. § 20-2-1050, as amended by the Moment of Quiet Reflection Act, Ga. L. 1994, p. 256, is constitutional in the statute's entirety, both facially and as applied, and did not violate the establishment clause of the First Amendment to the United States Constitution when the school principal announced over the intercom the quiet moment. Bown v. Gwinnett County Sch. Dist., 895 F. Supp. 1564 (N.D. Ga. 1995), aff'd, 112 F.3d 1464 (11th Cir. 1997).

Georgia Moment of Quiet Reflection in Schools Act, Ga. L. 1994, p. 256, does not violate the establishment clause because the Act satisfies all three prongs of the Lemon test. The Act does not have the primary effect of advancing or inhibiting religion and does not create an excessive government entanglement with religion. Bown v. Gwinnett County Sch. Dist., 112 F.3d 1464 (11th Cir. 1997).

Standing.

- Plaintiff's status as a teacher, plaintiff's objection to implementing the moment of silence in plaintiff's classroom, and plaintiff's subsequent suspension and termination were sufficient to afford plaintiff standing to challenge the Moment of Quiet Reflection in Schools Act, Ga. L. 1994, p. 256, which amended O.C.G.A. § 20-2-1050. Bown v. Gwinnett County Sch. Dist., 895 F. Supp. 1564 (N.D. Ga. 1995), aff'd, 112 F.3d 1464 (11th Cir. 1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 436 et seq.

ALR.

- Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.

Validity and construction of public school regulation of student distribution of religious documents at school, 136 A.L.R. Fed 551.

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