Requiring moment of silence at beginning of each school day

SB 46 Text

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Introduced Version

Senate Bill 46 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 46
By Senator Rucker
[
Introduced January 14, 2026; referred
to the Committee on Education; and then to the Committee on the Judiciary
]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-2-47, relating to State Board of Education; requiring a moment of silence at the beginning of each school day; forbidding teachers from making suggestions as to the nature of the reflection that students may engage in during the moment of silence; and providing for the Attorney General to defend the provisions of this section.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-47. Daily observance of one minute of silence.

(a) In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the state either to engage in, or to refrain from, religious observation on school grounds, the school board of each county shall establish the daily observance of one minute of silence in each classroom of the county.
(b) During such one-minute period of silence, the teacher responsible for each classroom shall take care that all pupils remain seated and silent and make no distracting display to the end that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice.
(c) The Office of the Attorney General shall intervene and shall provide legal defense of this section.
NOTE: The purpose of this bill is to provide for a moment of silence at the beginning of each school day. The bill prevents teachers from being able to discuss the substance of what children engage in during the moment of silence. Finally, the bill provides that the Attorney General shall enforce the provisions of this section.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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