'Silence' law joins pledges in school routine

03:45 PM CDT on Tuesday, September 2, 2003

By EMILY RAMSHAW / The Dallas Morning News

Martha Dickason's first-graders are a rambunctious bunch first thing in the morning, laughing with friends and paging through colorful readers.

But when the morning announcements come on, they transform into perfect little citizens, reciting pledges to the American and Texas flags, then bowing their heads and folding their hands for a moment of respectful silence.

"It calms them all down," Ms. Dickason said. "It really gets them ready to start the day."

Cedar Hill's High Pointe Elementary, like some other schools in Texas, has gone through this routine or something similar for years. At High Pointe, it's been every day for more than 15 years.

But the minute of silence to "reflect, pray, meditate or engage in any other silent activities" is new to most schools, and it was one of the more divisive items that Gov. Rick Perry signed into law May 28. Many of the bills became law Monday.

The Texas Education Agency released guidelines on enforcing the pledge and minute of silence law to teachers and administrators this summer, TEA spokeswoman Debbie Graves Ratcliffe said. But there have been points of confusion, she said, such as whether students must be silent for the full 60 seconds (yes) and whether flags must be hung in classrooms (no).

But the agency did not make a recommendation for how teachers should direct their students during the moment of silence, instead giving discretion to individual districts.

"As far as we're concerned, it can vary from school to school," TEA spokeswoman Suzanne Middlebrook said. "The students can have closed eyes, open eyes, heads bowed or hands folded, as long as they are complying with school rules."

LEGISLATURE'S LEGACY: 67 EDUCATION BILLS

The 78th Legislature passed 67 bills related to education. Here are a few:

Senate Bill 83: Requires students to recite the U.S. Pledge of Allegiance and the Pledge of Allegiance to the Texas flag followed by a minute of silence once during each school day.

Senate Bill 1108: Requires schools to develop personal graduation plans for each middle school or high school student who does not pass the TAKS or is not likely to graduate in five years.

House Bill 1844: Requires the commissioner of education to create a program to reimburse teachers for personal funds expended on classroom supplies.

House Bill 294: Designates March as Texas History Month and requires districts to observe it through celebrations and activities.

House Bill 1406: Prohibits a school district employee from recommending that a student use a psychotropic drug or suggesting any particular diagnosis for the child.

House Bill 1949: States that a grade issued by a classroom teacher is final and may not be changed unless there are exceptional circumstances.

House Bill 2072: Prohibits a school district from requiring an employee to pay for a textbook or instructional material that is stolen, misplaced or not returned by a student.

Ms. Dickason instructs students to fold their hands and bow their heads, mainly so they don't distract one another.

Some school districts implemented the policy on the first day of school, although the law hadn't taken effect, to ease the transition. In Duncanville, teachers were given flags to place in their classrooms before school started Aug. 18, and they were asked to recite both pledges at the superintendent's convocation.

Other districts, such as McKinney, gave schools the option to wait until Tuesday to introduce the routine.

"It's important that we comply with the state's expectations," said Gavan Goodrich, principal of Dowell Middle School. "We'll make this part of our daily routine on the official start date."

Mr. Goodrich said that in past years, Dowell students had not regularly said either pledge. This is not uncommon, said Rep. Dan Branch, R-Dallas, co-author of the bill. He said that last year, about half the elementary students in Dallas County said the pledge on a regular basis, and hardly any students said the pledge to the Texas flag.

Under the law, all students must respect the minute of silence, but they may be excused from participating in the pledges if they have a note from their parents. Some teachers worry that they will face legal trouble if students opt out of the pledge without parental permission.

"Students have their own independent right to constitutional protection," said Pamela Parker, administrative attorney for the Association of Texas Professional Educators. "We see a potential conflict, because the Constitution allows students to opt out, but the state law says they can't unless the parent agrees."

Mr. Branch said that he had not heard these concerns and that since the bill was signed into law, he had received positive feedback from parents and teachers.

"Teachers stop me at restaurants and say they are so happy this is going on," he said. "And parents tell me they like the chance to influence a minute of silence in their child's day, to have them focus on a family ideal or value."

The only problem with the minute of silence clause, Ms. Parker said, is that it allows the student to choose what to do during the silence – even if it is something disruptive or distracting.

"It seems like a positive way to start the day, but in its implementation, there will be situations where really tricky questions come up," Ms. Parker said. "I hope the districts will sit down and think about potential scenarios, so they can give some direction to teachers."

But at schools where the routine has been in effect since August, teachers say the students' reaction has been far from disruptive – it has been apathetic.

"They are completely and totally placid," said Joel Rosenzweig, a social studies and theater arts teacher at Lake Highlands High School in Richardson. "It's a nonissue for them, and it's one more minute no longer dedicated to instruction."

To Cedar Hill Superintendent Jim Gibson, the hubbub over the new law seems to be an overreaction. Moments of silence in the classroom are nothing new or unusual, he said.

"There are already lots of moments of silence in school – when students are reading and when they're taking a test," he said. "It's an extra time to reflect, and it gives an opportunity to those children who take advantage of it."