49-6-1001. Flag

All boards of education shall direct, and all teachers employed by the public schools shall give instructions to the pupils of the schools, and shall have the pupils study as a part of the curriculum, the uses, purposes and methods of displaying the American flag and other patriotic emblems.

HISTORY: Acts 1929, ch. 83, @ 1; Code 1932, @ 2508; T.C.A. (orig. ed.), @ 49-1909.

49-6-1004. Period of silence or prayer

(a) In order for all students and teachers to prepare themselves for the activities of the day, a period of silence of approximately one (1) minute in duration shall be maintained in each grade in public schools at the beginning of each school day. At the opening of the first class each day, it is the responsibility of each teacher in charge of each class to call the students to order and announce that a moment of silence is to be observed. The teacher shall not indicate or suggest to the students any action to be taken by them during this time, but shall maintain silence for the full time. At the end of this time, the teacher shall indicate resumption of the class in an appropriate fashion, and may at that time make school announcements or conduct any other class business before commencing instruction.

(b) It is lawful for any teacher in any of the schools of the state which are supported, in whole or in part, by the public funds of the state, to permit the voluntary participation by students or others in prayer. Nothing contained in this section shall authorize any teacher or other school authority to prescribe the form or content of any prayer.

(c) Notwithstanding the provisions of subsections (a) and (b), nonsectarian and nonproselytizing voluntary benedictions, invocations or prayers, which are initiated and given by a student volunteer or student volunteers may be permitted on public school property during school-related noncompulsory student assemblies, school-related student sporting events and school-related commencement ceremonies. Such permission shall not be construed to indicate any support, approval or sanction by the state or any governmental personnel or official of the contents of any such benedictions, invocations or prayers or to be the promotion or establishment of any religion, religious belief or sect.

HISTORY: Acts 1968, ch. 492, @ 1; 1976, ch. 463, @ 1; 1982, ch. 899, @ 1; 1983, ch. 18, @ 1; T.C.A., @@ 49-1922, 49-1923; Acts 1993, ch. 534, @ 1.

NOTES: CODE COMMISSION NOTES. Constitutionality of Acts 1993, ch. 534, OAG 93-42 (5/10/93).

TEXTBOOKS. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, @ 2.

LAW REVIEWS. 1985 Tennessee Survey: Selected Developments in Tennessee Law, 53 Tenn. L. Rev. 307 (1987).

CITED: Oldham v. American Civil Liberties Union, 910 S.W.2d 431 (Tenn. App. 1995).

COLLATERAL REFERENCES. What constitutes "prayer" under federal constitutional prohibition of prayer in public schools. 30 A.L.R.3d 1352; 110 A.L.R. Fed. 211.