                                 CODE OF VIRGINIA

GUIDELINES FOR CONSTITUTIONAL COMPLIANCE FOR STUDENT PRAYER (§ 22.1-203.2)

To promote compliance with constitutional restrictions as well as observance of
constitutional rights, the Board of Education shall, in consultation with the
Office of the Attorney General, develop guidelines on constitutional rights and
restrictions relating to prayer and other religious expression in the public
schools. The Board&#8217;s guidelines shall include, but shall not be limited
to, provisions that address the following: the initiative and involvement of
local school boards, individual schools, administrators, teachers, and students;
the use of school facilities and equipment, including audio systems, and class
time for prayer or other religious expression; and relevant state and federal
constitutional concerns, such as freedom of religion and speech and separation
of church and state. These guidelines shall not be subject to the requirements
of the Administrative Process Act (§ 2.2-4000 et seq.). However, in order to
provide appropriate opportunity for input from the general public, teachers, and
local school boards, the Board of Education shall conduct public hearings prior
to establishing such guidelines. Thirty days prior to conducting such hearings,
the Board shall give written notice by mail of the date, time, and place of the
hearings to all local school boards and any other persons requesting to be
notified of the hearings and publish notice of its intention to hold such
hearings in the Virginia Register of Regulations. Interested parties shall be
given reasonable opportunity to be heard and present information prior to the
adoption of such guidelines.

HISTORY: 1994, c. 801, § 22.1-280.3; 2001, cc. 688, 820.