bill extending the daily pledge rules to charter schools

The text as introduced · 457 words

By: Lowe
H.B. No. 5305

A BILL TO BE ENTITLED

AN ACT

relating to recitation of the Pledge of Allegiance to the flag of

the United States of America in public schools and in

open-enrollment charter schools; providing exemptions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Amend Education Code Section 25.082 to read as

follows:

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Repealed by Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 9,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 able-bodied students, once during each school day at each

campus, to rise and recite , or silently and respectfully observe

the recitation of :

(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). Provision shall be made for excused and non-participating

students to quietly and respectfully wait outside the room while

such activities are being conducted.

(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.

SECTION 2. This Act takes effect January 1, 2026.