HomeMy WebLinkAbout2003-05-13 - AGENDA REPORTS - SB 394 KNIGHT PLEDGE (2)CONSENT CALENDAR
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval
Item to be presented by:
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Agenda Item• `/
DATE: May 13, 2003
SUBJECT: STATE LEGISLATION: SENATE BILL 394 (KNIGHT)
DEPARTMENT: City Manager
RECOMMENDED ACTION
Support Senate Bill 394 and transmit statements of support to Senator Knight, Members of Santa
Clarita's state legislative delegation, members of appropriate legislative committees, Governor Davis
and the League of California Cities.
BACKGROUND
At the request of Mayor Smyth, Senate Bill 394 is brought directly to the City Council for
consideration of a formal position on the bill by the City of Santa Clarita. Current California law
requires each public school to conduct daily patriotic exercises. SB 394, authored by Senator William
J. 'Pete" Knight, would require that the Pledge of Allegiance to the Flag of the United States be recited
every day during the school year at all California public elementary and secondary schools.
SB 394 mandates the recitation of the Pledge of Allegiance to the Flag of the United States as part of
the daily patriotic exercises currently required at all public elementary and secondary schools in
California. The bill provides that any pupil or school employee who does not wish to participate in
reciting the the Pledge of Allegiance may remain silent and seated during the activity. Furthermore, the
bill provides that anyone who chooses not to participate in reciting the pledge shall not be harassed,
disciplined, retaliated against, or ostracized based upon non -participation in the activity.
Senate Bill 394 has been referred to two separate policy committees for consideration; first to the
Senate Judiciary Committee and then to the Senate Education Committee. No dates have been set for
hearing the bill in either committee.
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Senator Knight has decided not to move the bill forward at this time, preferring to wait until resolution
of the Newdow v. Elk Grove Unified School District case. This is the case relating to whether the
Pledge of Allegiance should be recited in public school and include the words "under God" in the
recitation. Plaintiff Michael Newdow, an atheist, alleges that his school-age daughter is harmed when
she is required to watch and listen to her public school teacher and classmates proclaim there is a God
within the context of reciting the Pledge of Allegiance. The case has been appealed to the United
States Supreme Court, though the Court has made no decision on taking the case for consideration.
Once the Supreme Court has taken a definitive action, Senator Knight will make a final decision on
moving the bill through the legislative process.
ALTERNATIVE ACTIONS
1. Not take a position on SB 394 and direct staff to monitor the bill.
2. Oppose SB 394.
3. Suggest that the author consider amendments to the legislation.
4. Other action as determined by the City Council.
FISCAL IMPACT
Adoption of the recommended action will not result in any additional fiscal impact to the City of Santa
Clarita. Staff time associated with preparation of materials and conduct of communications with
Members of the California Legislature is included in the adopted 2002/03 City budget.
ATTACHMENTS
Senate Bill 394 (Knight)
SENATE BILL No. 394
Introduced by Senators Knight, Ackerman, Ashburn, Battin,
Denham, Hollingsworth, Johnson, Morrow, 011er, and Vincent
(Coauthors: Assembly Members Bates, Benoit, Bogh, Cox, Daucher,
Haynes, La Suer, Maze, Mountjoy, Pacheco, Runner, and Wyland)
February 20, 2003
An act to amend Section 52720 of the Education Code, relating to
patriotic exercises.
LEGISLATIVE COUNSEUS DIGEST
SB 394, as introduced, Knight. Patriotic exercises.
Existing law requires each public school to conduct daily patriotic
exercises. Existing law provides that this requirement may be satisfied
through giving the Pledge of Allegiance to the Flag of the Untied States
of America.
This bill would require that the Pledge of Allegiance to the Flag of
the United States of America be recited each day during the school year
at each elementary and secondary school. The bill would declare that
a pupil or school employee who does not wish to participate in the
recitation may remain silent and seated in the classroom during the
exercise.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 52720 of the Education Code is
2 amended to read:
3 52720. (a) In every each public elementary school each day
4 during the school year at the beginning of the first regularly
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SB 394 —2
1 scheduled class or activity period at which the majority of the
2 pupils of the school normally begin the schoolday, there shall be
3 conducted appropriate patriotic exercises. •-T}1e-9iYing-e€ Each
4 pupil shall recite the Pledge of Allegiance to the Flag of the United
5 States of America shellsatisly the - g•• as
6 part of the patriotic exercises. A pupil or school employee who
7 does not wish to participate in the recitation may remain silent and
8 seated in the classroom during the exercise. No pupil or school
9 employee shall be subjected to harassment discipline, retaliation,
10 -or ostracism for not participating in the recitation.
11 in
12 (b) In each public secondary school each day during the school
13 year at the beginning of the first regularly scheduled class or
14 activity period at which the majority of the pupils of the school
15 normally begin the schoolday, there shall be conducted daily
16 appropriate patriotic exercises. T4te-giv4»g-e€ Each pupil shall
17 recite the Pledge of Allegiance to the Flag of the United States of
18 America shall satisfy stieh requirenteiff as part of the patriotic
19 exercises. A pupil or school employee who does not wish to
20 participate in that recitation may remain silent and seated in the
21 classroom during the exercise. No pupil or school employee shall
22 be subjected to harassment, discipline, retaliation, or ostracism as
23 a result of not participating in the recitation. -S a These patriotic
24 exercises far -and any others that a secondary wheels school
25 chooses to conduct shall be conducted in accordance with the
26 regulations whielt that shall be adopted by the governing board of
27 the district maintaining the secondary school.
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