A federal judge ruled this week that an Illinois statute requiring a moment of silence in schools is not constitutional. In essence, the judge appeared to rule that the moment of silence really is a prayer in disguise and that it, therefore, cannot be required by the state.
This was a trial court decision, so I am expecting that there will be an appeal to the Circuit Court.
This result likely is based on the actual language of the statute itself, so it is difficult to say how another Court would interpret another statute that provides for a moment of silence. In the meantime, districts should continue to consult with counsel regarding these issues, as there can be many variables that influence a decision like this.
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