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HB43 INTRODUCED
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HB43
HGHSL83-1
By Representative Ingram (Constitutional Amendment)
RFD: Education Policy
First Read: 13-Jan-26
PFD: 18-Sep-25
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HGHSL83-1 09/10/2025 GP (L)lg 2025-2690
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PFD: 18-Sep-25
SYNOPSIS:
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to public
K-12 schools, to require each local board of education
to adopt a policy requiring that The Pledge of
Allegiance be conducted to the United States flag at
the commencement of each school day in each public K-12
school.
This bill would require each local board of
education, within 90 days of the ratification of this
amendment, to vote whether to adopt a policy allowing
employees and students to voluntarily participate in a
daily prayer and a reading of the Bible or other
religious text and would provide for the submission of
a consent form to participate.
This bill would prohibit the prayer and reading
from being conducted as a substitute for instructional
time or in the presence of any individual who has not
consented to participate.
This bill would authorize violations of this
amendment to be reported to the State Superintendent of
Education and for investigation by the State Department
of Education.
This bill would require the State Superintendent
of Education, upon the determination that a local board
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of Education, upon the determination that a local board
of education or public school has shown a continued
pattern of intentional refusal to conduct The Pledge of
Allegiance in accordance with this amendment, to
withhold 25 percent of state funding allocated to the
offending local board of education.
This bill would require the State Superintendent
of Education, upon the determination that a local board
of education has failed to hold a timely vote on
whether to authorize the policy relating to prayer and
reading of the Bible or other religious text to
withhold 25 percent of state funding allocated to the
offending local board of education.
This bill would also authorize the Legislature
to further reduce the funding to a local board of
education following continued violations.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama
of 2022, to require local boards of education to adopt
policies requiring each public K-12 school to recite The
Pledge of Allegiance to the United States flag; to require
each local board of education to vote on whether to adopt a
policy allowing employees and students to voluntarily
participate in daily prayer and a reading of the Bible or
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participate in daily prayer and a reading of the Bible or
other religious text, provided the prayer and reading meets
certain requirements; to provide individuals the opportunity
to consent before participating; to provide for the report and
investigation of violations; to require the State
Superintendent of Education to withhold state funding
allocated to certain offending local boards of education; and
to authorize the Legislature to further reduce funding upon
continued violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a)(1) Each local board of education shall adopt a
policy requiring each public K-12 school under its
jurisdiction, at the commencement of the first class each
school day, to conduct The Pledge of Allegiance to the United
States flag and give all students the opportunity to
voluntarily recite The Pledge of Allegiance to the United
States flag.
(2) Violations of this subsection may be reported to
the local superintendent of education. The local
superintendent of education shall review the violation. If the
local superintendent of education determines the report is
founded and the violation is not resolved, he or she shall
report the violation to the State Superintendent of Education,
who shall conduct an investigation. If the State
Superintendent of Education, based on the results of the
investigation, determines that a local board of education or
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investigation, determines that a local board of education or
any school under that local board's jurisdiction has shown a
continued pattern of intentional refusal to comply with this
subsection, the State Superintendent of Education shall
withhold 25 percent of the state funding allocated to that
local board of education for the following fiscal year. If the
local board of education or any school under that board's
jurisdiction continues to violate this section, the
Legislature shall provide for further reduction of funding to
the local board of education in the annual appropriation of
education funds.
(b)(1) No later than 90 days after the ratification of
this amendment, each local board of education shall vote
whether to adopt a policy requiring each public K-12 school
under its jurisdiction to provide students and employees with
an opportunity to participate in a period of prayer and
reading of the Bible or other religious text on each school
day. A policy adopted pursuant to this subsection shall
reflect all of the following:
a. Prohibit a student or employee of the local board of
education from being permitted to participate in the period of
prayer and reading of the Bible or other religious text unless
the employee or parent or guardian of the student submits a
signed consent form to the local board of education that
includes all of the following:
1. An acknowledgment that the student or employee has a
choice as to whether to participate in the period of prayer
and reading of the Bible or other religious text.
2. A statement that the individual has no objection to
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2. A statement that the individual has no objection to
the student's or employee's participation in or hearing of the
prayer or readings offered during the period.
3. An express waiver of the individual's right to bring
a claim under state or federal law arising out of the adoption
of a policy under this section, including a claim under the
Establishment Clause of the First Amendment to the United
States Constitution or a related state or federal law,
releasing the local board of education, public K-12 school,
and school employees from liability for those claims.
b. Prohibit the provision of a prayer or reading of the
Bible or other religious text over a public address system.
c. Specify that a period of prayer or a reading of the
Bible or other religious text may not be a substitute for
instructional time. In order to comply with this paragraph,
the policy may require the period of prayer and reading of the
Bible or other religious text be provided as follows:
1. Before normal school hours.
2. Only in classrooms or other areas in which a consent
form under paragraph a. has been submitted for every employee
and student.
3. By any other method recommended by the Attorney
General or legal counsel of the local board of education.
d. Include provisions ensuring a prayer or reading of
the Bible or other religious text is not provided in the
physical presence of, within the hearing of, or in another
manner which would constitute an injury in fact on an
individual for whom a signed consent form has not been
submitted under paragraph a. or revoked under paragraph e.
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submitted under paragraph a. or revoked under paragraph e.
e. An employee or parent or guardian of a student may
revoke the individual's consent provided in paragraph a. by
informing the appropriate school administrator, as determined
by the local board of education. An employee or student for
whom consent has been revoked under this paragraph: (i) may
not participate in the period of prayer and reading of the
Bible or other religious text until the employee or parent or
guardian of the student submits a new consent form to the
local board of education; and (ii) remains bound by the waiver
described in the consent form.
(2) If a local board of education fails to hold the
vote as required by subdivision (1), the failure may be
reported to the State Superintendent of Education. Upon the
receipt of a reported failure, the State Superintendent of
Education shall investigate the reported violation and if he
or she determines, based on the results of the investigation,
that a local board of education failed to hold the vote as
required by subdivision (1), the State Superintendent of
Education shall provide the local board of education with an
opportunity to hold a vote within 90 days. If after 90 days
the local board of education continues to be noncompliant, the
State Superintendent of Education shall withhold 25 percent of
the state funding allocated to that local board of education
for the following fiscal year. If the local board of education
continues to refuse to hold the vote required by subdivision
(1), the Legislature shall provide for further reduction of
funding to the local board of education in the annual
appropriation of education funds.
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appropriation of education funds.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to require local boards of education to adopt
policies requiring each public K-12 school to recite The
Pledge of Allegiance to the United States of America at the
commencement of the first class each school day; to require
local boards of education to vote whether to adopt policies
allowing consenting employees and students with consent from
their parent or guardian to participate in daily prayer and a
reading of the Bible or other religious text; to prohibit the
daily prayer or reading of the Bible or other religious text
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daily prayer or reading of the Bible or other religious text
from substituting for instructional time or being held in the
presence of individuals who have not consented to participate;
and to provide a mechanism for the withholding of funds from
local boards of education that fail to adhere to this
amendment.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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