2006 Code of Virginia § 22.1-203.2 - Guidelines for constitutional compliance for student prayer

22.1-203.2. Guidelines for constitutional compliance for student prayer.

To promote compliance with constitutional restrictions as well as observanceof constitutional rights, the Board of Education shall, in consultation withthe Office of the Attorney General, develop guidelines on constitutionalrights and restrictions relating to prayer and other religious expression inthe public schools. The Board's guidelines shall include, but shall not belimited to, provisions that address the following: the initiative andinvolvement of local school boards, individual schools, administrators,teachers, and students; the use of school facilities and equipment, includingaudio systems, and class time for prayer or other religious expression; andrelevant state and federal constitutional concerns, such as freedom ofreligion and speech and separation of church and state. These guidelinesshall not be subject to the requirements of the Administrative Process Act (2.2-4000 et seq.). However, in order to provide appropriate opportunity forinput from the general public, teachers, and local school boards, the Boardof Education shall conduct public hearings prior to establishing suchguidelines. Thirty days prior to conducting such hearings, the Board shallgive written notice by mail of the date, time, and place of the hearings toall local school boards and any other persons requesting to be notified ofthe hearings and publish notice of its intention to hold such hearings in theVirginia Register of Regulations. Interested parties shall be givenreasonable opportunity to be heard and present information prior to theadoption of such guidelines.

(1994, c. 801, 22.1-280.3; 2001, cc. 688, 820.)