HB 313: Education; authorize and require all public elementary and secondary schools to display the Ten Commandments in multiple locations

House Bill 313

By: Representatives Dunahoo of the 31st, Byrd of the 20th, Kahaian of the 81st, Tarvin of the 2nd, Cameron of the 1st, and others

A BILL TO BE ENTITLED

AN ACT

To amend Article 19A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to American history recognition and significant documents, so as to authorize and require all public elementary and secondary schools in this state to display the Ten Commandments in multiple locations; to provide for specifications for such displays; to provide legislative findings and intent; to make conforming changes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

(a) The General Assembly finds that:

(1) In 2005, in the case of Van Orton v. Perry, 545 U.S. 677 (2005), the Supreme Court of the United States recognized that it is permissible to display the Ten Commandments on government property;

(2) In 2010, in the case of Pleasant Grove City, Utah v. Summan, 555 U.S. 460 (2006), the Supreme Court of the United States acknowledged that the Ten Commandments may be displayed on local government property when a private donation is made for the purchase of the historical monument;

(3) In 2019, in the case of in American Legion v. American Humanist Association, 588 U.S. 29 (2019), the Supreme Court of the United States further recognized that the Ten Commandments have historical significance as one of the foundations of our legal system, and the court also ruled that displaying the Ten Commandments on public property may reflect "historical significance" and represent "common cultural heritage";

(4) Inclusion in our education system recognizes the historical significance of the Ten Commandments in the United States and the understanding of the nation's founders such as James Madison, the fourth president of the United States of America, who stated, "We have staked the whole future of our new nation … upon the capacity of each of ourselves to govern ourselves, according to the moral principles of the Ten Commandments";

(5) The Mayflower Compact of 1620 was America's first written constitution, it made a covenant with Almighty God to "form a civil body politic," it was the first purely American document of self-government, and it affirmed the link between civil society and God;

(6) The Northwest Ordinance of 1787 provided a method of admitting territories to the union as the nation expanded westward and extended the fundamental principles of civil and religious liberty to the territories, stating that "religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged"; and

(7) Inclusion of the Ten Commandments in the education of our children is part of our state and national history, culture, and tradition.

(b) It is the intent of the General Assembly:

(1) To apply the decision of the Supreme Court of the United States in the Van Orton case to continue the rich tradition and ensure that the students of our public schools may understand and appreciate the foundational documents of our state and national government;

(2) That this Act shall not create an unfunded mandate on any public school, local school system, or local board of education; and

(3) To encourage public schools, local school systems, and local boards of education to use documents that are printed and made available free of charge to comply with the requirements of this Act.

SECTION 2.

Article 19A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to American history recognition and significant documents, is amended by revising subsection (a) of Code Section 20-2-1021, relating to display of historically significant documents, as follows:

"(a) To increase student understanding of, and familiarity with, American historical documents, public schools may display historically important excerpts from, or copies of, those documents in school classrooms and common areas as appropriate. Local boards of education and charter schools are strongly encouraged to allow and may encourage any public school teacher or administrator to read or post in a public school building, classroom, or event excerpts or portions of writings, documents, records, or images that reflect the history of the United States, including, but not limited to:

(1) The Preamble to the Georgia Constitution;

(2) The Declaration of Independence;

(3) The United States Constitution, with emphasis on the 13th, 14th, and 15th Amendments;

(4) The Bill of Rights;

(5) The Mayflower Compact;

(6) The national motto;

(7) The Pledge of Allegiance to the United States flag;

(7.1)(8) The Pledge of Allegiance to the Georgia flag; (8)(9) The National Anthem;

(9)(10) The writings, speeches, documents, and proclamations of the Founding Fathers and Presidents of the United States;

(9.1)(11) The Emancipation Proclamation;

(9.2)(12) The Gettysburg Address;

(13) The Ten Commandments;

(14) The Northwest Ordinance of 1787;

(10)(15) Decisions of the United States Supreme Court; and (11)(16) Acts of the Congress of the United States, including the published text of the Congressional Record."

SECTION 3.

Said article is further amended by redesignating subsection (b) of Code Section 20-2-1021, relating to display of historically significant documents, as subsection (c) and by adding a new subsection to read as follows:

"(b)(1) No later than July 1, 2025, each public elementary and secondary school in this state shall display in each of the three locations provided for in paragraph (2) of this subsection a durable poster or framed copy of the Ten Commandments that meets the requirements of paragraph (3) of this subsection.

(2) A poster or framed copy of the Ten Commandments, as required in paragraph (1) of this subsection shall be displayed in a manner and location in which it can easily be read by both students and adults in locations within each school facility fitting the following descriptions:

(A) The main entrance of the main building;

(B) The main entrance of the school library or media center; and

(C) The main entrance of the cafeteria.

(3) Each poster or framed copy of the Ten Commandments, as required in paragraph (1) of this subsection, shall:

(A) Be at least 16 inches wide and 20 inches tall; and

(B) Include the following text, in a size and typeface legible to a person with average vision from anywhere in the school facility in which the poster or framed copy is displayed:

'The Ten Commandments

I AM the LORD thy God.

Thou shalt have no other gods before me.

Thou shalt not make to thyself any graven images.

Thou shalt not take the Name of the Lord thy God in vain. Remember the Sabbath day, to keep it holy.

Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.

Thou shalt not kill.

Thou shalt not commit adultery.

Thou shalt not steal.

Thou shalt not bear false witness against thy neighbor.

Thou shalt not covet thy neighbor's house.

Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's.'

(4) Each poster or framed copy of the Ten Commandments, as required in paragraph (1) of this subsection, shall be displayed with a separate context statement that reads as follows:

'The history of the Ten Commandments in American public education. The Ten Commandments were a prominent part of American public education for almost three centuries. Around the year 1688, The New England Primer became the first published American textbook and was the equivalent of a first grade reader. The New England Primer was used in public schools throughout the United States for more than 150 years to teach Americans to read and contained more than 40 questions about the Ten Commandments. The Ten Commandments were also included in public school textbooks published by educator William McGuffey, a noted university president and professor. A version of his famous McGuffey Readers was written in the early 1800s and became one of the most popular textbooks in the history of American education, selling more than 100 million copies. Copies of the McGuffey Readers are still available today. The Ten Commandments also appeared in a textbook published by Noah Webster which was widely used in American public schools along with America's first comprehensive dictionary that Webster also published. His textbook, The American Spelling Book, contained the Ten Commandments and sold more than 100 million copies for use by public school children all across the nation and was still available for use in American public schools in the year 1975.' (5)(A) Nothing in this subsection shall be construed to require any public school, local school system, or local board of education, to spend public funds to purchase posters or framed copies of the Ten Commandments, as required in paragraph (1) of this subsection.

(B) Each public school, local school system, or local board of education shall accept:

(i) Funds donated for the purchase posters or framed copies of the Ten Commandments, as required in paragraph (1) of this subsection; and

(ii) Any offer of a privately donated poster or framed copy of the Ten Commandments; provided, however, that such poster or framed copy:

(I) Meets the requirements of paragraph (3) of this subsection; and

(II) Does not contain any additional content.

(6) The State Board of Education shall adopt rules and regulations necessary to implement the requirements of this subsection.

(7) The Department of Education shall publish on its public website information that identifies free resources that comply with the provisions of this subsection."

SECTION 4.

Said article is further amended by revising Code Section 20-2-1022, relating to online instructional resources relating to American history for educators, as follows:

"20-2-1022.

To increase student understanding of, and familiarity with, American historical documents and to provide curriculum support to classroom teachers of United States history, American government and civics, economics, and social studies, the Department of Education is strongly encouraged to create an online instructional resource page or pages for teachers, which may include, but is not limited to, links to websites, foundational documents, and lesson plan ideas. In order to create shared digital resources available to all students in this state, such online resources may be integrated with the Teacher Resource Link of the Statewide Longitudinal Data System. At a minimum, such resource page or pages may include the items in paragraphs (1) through (11) (16) of subsection (a) of Code Section 20-2-1021 and may focus on the foundational principles of limited constitutional government, federalism, religious liberty, freedom of speech, the right to private property, free enterprise, and the rule of law. There shall be no content based censorship of American history, writings of the Founding Fathers, or heritage documents referred to in this Code section due to their religious or cultural nature. It is strongly encouraged that the online teacher resource page be completed and made easily available to teachers no later than July 31, 2016, and support the requirements specified in Code Section 20-2-1020."

SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.