The Illinois statute mandating a period of silence at the beginning of every school day was ruled constitutional by the U.S. Court of Appeals for the Seventh Circuit.  The law requires all Illinois public school classroom teachers to observe a “brief period of silence” with students at the opening of every school day.  According to the statute, the time is an opportunity “for silent prayer or for silent reflection on the anticipated activities of the day.”  105 ILCS 20/1.    

The court of appeals reversed the decision of the district court, which had held the law unconstitutional and had entered a permanent injunction enjoining school districts from implementing or enforcing the law.  The court of appeals also remanded the case back to the district court with instructions for the lower court to enter judgment in favor of the defendant.  The court of appeals did not lift the injunction.  Thus, the injunction currently remains in effect.We anticipate further activity in this case within the next few weeks and will post an update immediately.    

School boards should contact their legal counsel for guidance in applying this ruling to their districts.  

Please contact Vanessa Clohessy (vclohessy@hlerk.com) with any questions regarding this law.