Sec. 25.082. PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.
(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:
(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and
(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.
(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.
(c) On written request from a student's parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).
(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 126, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 881 (H.B. 773), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 42, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 2, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9, eff. June 15, 2017.
Notes of Decisions
Croft v. Governor of Texas, 562 F.3d 735 (5th Cir. 2009).
· cites it 8× “Texas Education Code § 25.082, in its entirety, provides as follows: 1 (a) A school day shall be at least seven hours each day, including intermissions and recesses.”
Oliver v. Arnold, 19 F.4th 843 (5th Cir. 2021).
“’”) (quoting Tex. Educ. Code § 25.082(b)); Croft v. Perry, 624 F.”
Oliver v. Arnold, 3 F.4th 152 (5th Cir. 2021).
· cites it 2× “See TEX. EDUC. CODE § 25.082(b). However, the law requires schools to excuse any student from this obligation “[o]n written request from a student’s parent or guardian.”
Sherman Ex Rel. Sherman v. Koch, 623 F.3d 501 (7th Cir. 2010).
“at 738 (quoting Tex. Educ.Code § 25.082). The 2003 moment of silence law challenged in Croft had amended Texas's 1995 moment of silence law.”
Croft v. Perry, 624 F.3d 157 (5th Cir. 2010).
· cites it 3× “Tex. Educ.Code Ann. § 25.082 (West 2006).”
Pounds v. Katy Indep. Sch. Dist., 730 F. Supp. 2d 636 (S.D. Tex. 2010).
“They also argued that the word “pray” in the statute conferred a benefit upon religious people “because they need not consult a lawyer to know that their children can pray during the moment of silence while non-religious people must consult a lawyer to And out that their…”
Teague Ex Rel. C.R.T. v. Texas City Indep. Sch. Dist., 348 F. Supp. 2d 785 (S.D. Tex. 2004).
“Texas compulsory attendance laws, Tex. Educ.Code Ann. §§ 25.082, 25.083 (Vernon 1996), by themselves, do not create a special relationship, because a student is not restricted in the same way as a prisoner or mental patient.”
Croft v. Governor of Texas, 530 F. Supp. 2d 825 (N.D. Tex. 2008).
· cites it 4× “Neeley’s letter purports to remind administrators of Texas schools about the requirements of Texas Educ. Code § 25.082(b). Neeley’s letter then expounds on the three purposes for the statute now asserted by Governor Perry in this lawsuit, and asserts that “[ejach of these…”
Croft Ex Rel. v. Perry, 604 F. Supp. 2d 932 (N.D. Tex. 2009).
“See Tex. Educ.Code § 25.082(c) (“On written request from a student’s parent or guardian, a school district shall excuse the student from reciting a pledge of allegiance .”
Unknown, 597 F.3d 1007.
· cites it 2× “§ 49-6-1001 (2002); TEX. EDUC. CODE ANN. § 25.082 (Vernon 2006); UTAH CODE ANN § 53A-13-101.”
Oliver v. Champion (5th Cir. 2021).
· cites it 2× “Tex. Educ. Code § 25.082(b)– (c) (excusing a student from reciting the pledge upon written request of a parent).”
— Tex. Educ. Code § 25.082(b) — 6 cases
Croft v. Governor of Texas, 562 F.3d 735 (5th Cir. 2009).
“Texas Education Code § 25.082, in its entirety, provides as follows: 1 (a) A school day shall be at least seven hours each day, including intermissions and recesses.”
Oliver v. Arnold, 19 F.4th 843 (5th Cir. 2021).
“’”) (quoting Tex. Educ. Code § 25.082(b)); Croft v. Perry, 624 F.”
Oliver v. Arnold, 3 F.4th 152 (5th Cir. 2021).
“See TEX. EDUC. CODE § 25.082(b). However, the law requires schools to excuse any student from this obligation “[o]n written request from a student’s parent or guardian.”
Croft v. Governor of Texas, 530 F. Supp. 2d 825 (N.D. Tex. 2008).
“Neeley’s letter purports to remind administrators of Texas schools about the requirements of Texas Educ. Code § 25.082(b). Neeley’s letter then expounds on the three purposes for the statute now asserted by Governor Perry in this lawsuit, and asserts that “[ejach of these…”
Oliver v. Champion (5th Cir. 2021).
“Tex. Educ. Code § 25.082(b)– (c) (excusing a student from reciting the pledge upon written request of a parent).”
— Tex. Educ. Code § 25.082(b)(1) — 2 cases
Oliver v. Champion (5th Cir. 2021).
“Tex. Educ. Code § 25.082(b)– (c) (excusing a student from reciting the pledge upon written request of a parent).”
— Tex. Educ. Code § 25.082(c) — 3 cases
Oliver v. Arnold, 3 F.4th 152 (5th Cir. 2021).
“See TEX. EDUC. CODE § 25.082(b). However, the law requires schools to excuse any student from this obligation “[o]n written request from a student’s parent or guardian.”
Croft Ex Rel. v. Perry, 604 F. Supp. 2d 932 (N.D. Tex. 2009).
“See Tex. Educ.Code § 25.082(c) (“On written request from a student’s parent or guardian, a school district shall excuse the student from reciting a pledge of allegiance .”
— Tex. Educ. Code § 25.082(d) — 3 cases
Croft v. Governor of Texas, 562 F.3d 735 (5th Cir. 2009).
“Texas Education Code § 25.082, in its entirety, provides as follows: 1 (a) A school day shall be at least seven hours each day, including intermissions and recesses.”
Pounds v. Katy Indep. Sch. Dist., 730 F. Supp. 2d 636 (S.D. Tex. 2010).
“They also argued that the word “pray” in the statute conferred a benefit upon religious people “because they need not consult a lawyer to know that their children can pray during the moment of silence while non-religious people must consult a lawyer to And out that their…”
Croft v. Governor of Texas, 530 F. Supp. 2d 825 (N.D. Tex. 2008).
“Neeley’s letter purports to remind administrators of Texas schools about the requirements of Texas Educ. Code § 25.082(b). Neeley’s letter then expounds on the three purposes for the statute now asserted by Governor Perry in this lawsuit, and asserts that “[ejach of these…”
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