| 1 | 1 | | 25 LC 49 2023 |
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| 2 | 2 | | House Bill 313 |
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| 3 | 3 | | By: Representatives Dunahoo of the 31 |
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| 4 | 4 | | st |
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| 5 | 5 | | , Byrd of the 20 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Kahaian of the 81 |
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| 8 | 8 | | st |
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| 9 | 9 | | , Tarvin of the |
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| 10 | 10 | | 2 |
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| 11 | 11 | | nd |
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| 12 | 12 | | , Cameron of the 1 |
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| 13 | 13 | | st |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 19A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to American history recognition and significant documents, so as to authorize and2 |
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| 20 | 20 | | require all public elementary and secondary schools in this state to display the Ten3 |
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| 21 | 21 | | Commandments in multiple locations; to provide for specifications for such displays; to4 |
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| 22 | 22 | | provide legislative findings and intent; to make conforming changes; to provide for related5 |
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| 23 | 23 | | matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.6 |
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| 24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 25 | 25 | | SECTION 1.8 |
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| 26 | 26 | | (a) The General Assembly finds that:9 |
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| 27 | 27 | | (1) In 2005, in the case of Van Orton v. Perry, 545 U.S. 677 (2005), the Supreme Court10 |
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| 28 | 28 | | of the United States recognized that it is permissible to display the Ten Commandments on11 |
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| 29 | 29 | | government property;12 |
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| 30 | 30 | | (2) In 2010, in the case of Pleasant Grove City, Utah v. Summan, 555 U.S. 460 (2006), the13 |
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| 31 | 31 | | Supreme Court of the United States acknowledged that the Ten Commandments may be14 |
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| 32 | 32 | | displayed on local government property when a private donation is made for the purchase15 |
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| 33 | 33 | | of the historical monument;16 |
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| 34 | 34 | | H. B. 313 |
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| 35 | 35 | | - 1 - 25 LC 49 2023 |
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| 36 | 36 | | (3) In 2019, in the case of in American Legion v. American Humanist Association, 588 |
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| 37 | 37 | | 17 |
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| 38 | 38 | | U.S. 29 (2019), the Supreme Court of the United States further recognized that the Ten18 |
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| 39 | 39 | | Commandments have historical significance as one of the foundations of our legal system,19 |
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| 40 | 40 | | and the court also ruled that displaying the Ten Commandments on public property may20 |
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| 41 | 41 | | reflect "historical significance" and represent "common cultural heritage";21 |
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| 42 | 42 | | (4) Inclusion in our education system recognizes the historical significance of the Ten22 |
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| 43 | 43 | | Commandments in the United States and the understanding of the nation's founders such23 |
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| 44 | 44 | | as James Madison, the fourth president of the United States of America, who stated, "We24 |
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| 45 | 45 | | have staked the whole future of our new nation … upon the capacity of each of ourselves25 |
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| 46 | 46 | | to govern ourselves, according to the moral principles of the Ten Commandments"; 26 |
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| 47 | 47 | | (5) The Mayflower Compact of 1620 was America's first written constitution, it made a27 |
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| 48 | 48 | | covenant with Almighty God to "form a civil body politic," it was the first purely American28 |
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| 49 | 49 | | document of self-government, and it affirmed the link between civil society and God;29 |
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| 50 | 50 | | (6) The Northwest Ordinance of 1787 provided a method of admitting territories to the30 |
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| 51 | 51 | | union as the nation expanded westward and extended the fundamental principles of civil31 |
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| 52 | 52 | | and religious liberty to the territories, stating that "religion, morality, and knowledge being32 |
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| 53 | 53 | | necessary to good government and the happiness of mankind, schools and the means of33 |
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| 54 | 54 | | education shall forever be encouraged"; and34 |
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| 55 | 55 | | (7) Inclusion of the Ten Commandments in the education of our children is part of our35 |
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| 56 | 56 | | state and national history, culture, and tradition.36 |
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| 57 | 57 | | (b) It is the intent of the General Assembly:37 |
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| 58 | 58 | | (1) To apply the decision of the Supreme Court of the United States in the Van Orton case38 |
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| 59 | 59 | | to continue the rich tradition and ensure that the students of our public schools may39 |
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| 60 | 60 | | understand and appreciate the foundational documents of our state and national40 |
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| 61 | 61 | | government;41 |
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| 62 | 62 | | (2) That this Act shall not create an unfunded mandate on any public school, local school42 |
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| 63 | 63 | | system, or local board of education; and43 |
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| 64 | 64 | | H. B. 313 |
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| 65 | 65 | | - 2 - 25 LC 49 2023 |
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| 66 | 66 | | (3) To encourage public schools, local school systems, and local boards of education to use |
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| 67 | 67 | | 44 |
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| 68 | 68 | | documents that are printed and made available free of charge to comply with the45 |
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| 69 | 69 | | requirements of this Act.46 |
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| 70 | 70 | | SECTION 2.47 |
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| 71 | 71 | | Article 19A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to48 |
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| 72 | 72 | | American history recognition and significant documents, is amended by revising49 |
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| 73 | 73 | | subsection (a) of Code Section 20-2-1021, relating to display of historically significant50 |
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| 74 | 74 | | documents, as follows:51 |
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| 75 | 75 | | "(a) To increase student understanding of, and familiarity with, American historical52 |
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| 76 | 76 | | documents, public schools may display historically important excerpts from, or copies of,53 |
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| 77 | 77 | | those documents in school classrooms and common areas as appropriate. Local boards of54 |
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| 78 | 78 | | education and charter schools are strongly encouraged to allow and may encourage any55 |
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| 79 | 79 | | public school teacher or administrator to read or post in a public school building,56 |
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| 80 | 80 | | classroom, or event excerpts or portions of writings, documents, records, or images that57 |
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| 81 | 81 | | reflect the history of the United States, including, but not limited to:58 |
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| 82 | 82 | | (1) The Preamble to the Georgia Constitution;59 |
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| 83 | 83 | | (2) The Declaration of Independence;60 |
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| 84 | 84 | | (3) The United States Constitution, with emphasis on the 13th, 14th, and 15th61 |
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| 85 | 85 | | Amendments;62 |
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| 86 | 86 | | (4) The Bill of Rights;63 |
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| 87 | 87 | | (5) The Mayflower Compact;64 |
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| 88 | 88 | | (6) The national motto;65 |
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| 89 | 89 | | (7) The Pledge of Allegiance to the United States flag;66 |
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| 90 | 90 | | (7.1) |
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| 91 | 91 | | (8) The Pledge of Allegiance to the Georgia flag;67 |
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| 92 | 92 | | (8)(9) The National Anthem;68 |
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| 93 | 93 | | H. B. 313 |
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| 94 | 94 | | - 3 - 25 LC 49 2023 |
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| 95 | 95 | | (9)(10) The writings, speeches, documents, and proclamations of the Founding Fathers69 |
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| 96 | 96 | | and Presidents of the United States;70 |
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| 97 | 97 | | (9.1)(11) The Emancipation Proclamation;71 |
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| 98 | 98 | | (9.2)(12) The Gettysburg Address;72 |
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| 99 | 99 | | (13) The Ten Commandments;73 |
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| 100 | 100 | | (14) The Northwest Ordinance of 1787;74 |
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| 101 | 101 | | (10)(15) Decisions of the United States Supreme Court; and75 |
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| 102 | 102 | | (11)(16) Acts of the Congress of the United States, including the published text of the76 |
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| 103 | 103 | | Congressional Record."77 |
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| 104 | 104 | | SECTION 3.78 |
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| 105 | 105 | | Said article is further amended by redesignating subsection (b) of Code Section 20-2-1021,79 |
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| 106 | 106 | | relating to display of historically significant documents, as subsection (c) and by adding a80 |
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| 107 | 107 | | new subsection to read as follows:81 |
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| 108 | 108 | | "(b)(1) No later than July 1, 2025, each public elementary and secondary school in this82 |
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| 109 | 109 | | state shall display in each of the three locations provided for in paragraph (2) of this83 |
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| 110 | 110 | | subsection a durable poster or framed copy of the Ten Commandments that meets the84 |
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| 111 | 111 | | requirements of paragraph (3) of this subsection.85 |
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| 112 | 112 | | (2) A poster or framed copy of the Ten Commandments, as required in paragraph (1) of86 |
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| 113 | 113 | | this subsection shall be displayed in a manner and location in which it can easily be read87 |
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| 114 | 114 | | by both students and adults in locations within each school facility fitting the following88 |
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| 115 | 115 | | descriptions:89 |
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| 116 | 116 | | (A) The main entrance of the main building;90 |
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| 117 | 117 | | (B) The main entrance of the school library or media center; and91 |
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| 118 | 118 | | (C) The main entrance of the cafeteria.92 |
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| 119 | 119 | | (3) Each poster or framed copy of the Ten Commandments, as required in paragraph (1)93 |
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| 120 | 120 | | of this subsection, shall:94 |
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| 121 | 121 | | H. B. 313 |
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| 122 | 122 | | - 4 - 25 LC 49 2023 |
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| 123 | 123 | | (A) Be at least 16 inches wide and 20 inches tall; and95 |
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| 124 | 124 | | (B) Include the following text, in a size and typeface legible to a person with average96 |
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| 125 | 125 | | vision from anywhere in the school facility in which the poster or framed copy is97 |
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| 126 | 126 | | displayed:98 |
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| 127 | 127 | | 'The Ten Commandments99 |
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| 128 | 128 | | I AM the LORD thy God.100 |
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| 129 | 129 | | Thou shalt have no other gods before me.101 |
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| 130 | 130 | | Thou shalt not make to thyself any graven images.102 |
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| 131 | 131 | | Thou shalt not take the Name of the Lord thy God in vain.103 |
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| 132 | 132 | | Remember the Sabbath day, to keep it holy.104 |
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| 133 | 133 | | Honor thy father and thy mother, that thy days may be long upon the land105 |
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| 134 | 134 | | which the Lord thy God giveth thee.106 |
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| 135 | 135 | | Thou shalt not kill.107 |
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| 136 | 136 | | Thou shalt not commit adultery.108 |
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| 137 | 137 | | Thou shalt not steal.109 |
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| 138 | 138 | | Thou shalt not bear false witness against thy neighbor.110 |
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| 139 | 139 | | Thou shalt not covet thy neighbor's house.111 |
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| 140 | 140 | | Thou shalt not covet thy neighbor's wife, nor his manservant, nor his112 |
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| 141 | 141 | | maidservant, nor his cattle, nor anything that is thy neighbor's.'113 |
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| 142 | 142 | | (4) Each poster or framed copy of the Ten Commandments, as required in paragraph (1)114 |
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| 143 | 143 | | of this subsection, shall be displayed with a separate context statement that reads as115 |
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| 144 | 144 | | follows:116 |
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| 145 | 145 | | 'The history of the Ten Commandments in American public education. The Ten117 |
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| 146 | 146 | | Commandments were a prominent part of American public education for almost three118 |
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| 147 | 147 | | centuries. Around the year 1688, The New England Primer became the first published119 |
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| 148 | 148 | | American textbook and was the equivalent of a first grade reader. The New England120 |
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| 149 | 149 | | Primer was used in public schools throughout the United States for more than 150 years121 |
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| 150 | 150 | | H. B. 313 |
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| 151 | 151 | | - 5 - 25 LC 49 2023 |
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| 152 | 152 | | to teach Americans to read and contained more than 40 questions about the Ten122 |
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| 153 | 153 | | Commandments. The Ten Commandments were also included in public school123 |
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| 154 | 154 | | textbooks published by educator William McGuffey, a noted university president and124 |
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| 155 | 155 | | professor. A version of his famous McGuffey Readers was written in the early 1800s125 |
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| 156 | 156 | | and became one of the most popular textbooks in the history of American education,126 |
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| 157 | 157 | | selling more than 100 million copies. Copies of the McGuffey Readers are still127 |
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| 158 | 158 | | available today. The Ten Commandments also appeared in a textbook published by128 |
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| 159 | 159 | | Noah Webster which was widely used in American public schools along with America's129 |
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| 160 | 160 | | first comprehensive dictionary that Webster also published. His textbook, The130 |
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| 161 | 161 | | American Spelling Book, contained the Ten Commandments and sold more than 100131 |
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| 162 | 162 | | million copies for use by public school children all across the nation and was still132 |
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| 163 | 163 | | available for use in American public schools in the year 1975.'133 |
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| 164 | 164 | | (5)(A) Nothing in this subsection shall be construed to require any public school, local134 |
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| 165 | 165 | | school system, or local board of education, to spend public funds to purchase posters135 |
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| 166 | 166 | | or framed copies of the Ten Commandments, as required in paragraph (1) of this136 |
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| 167 | 167 | | subsection.137 |
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| 168 | 168 | | (B) Each public school, local school system, or local board of education shall accept:138 |
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| 169 | 169 | | (i) Funds donated for the purchase posters or framed copies of the Ten139 |
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| 170 | 170 | | Commandments, as required in paragraph (1) of this subsection; and140 |
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| 171 | 171 | | (ii) Any offer of a privately donated poster or framed copy of the Ten141 |
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| 172 | 172 | | Commandments; provided, however, that such poster or framed copy:142 |
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| 173 | 173 | | (I) Meets the requirements of paragraph (3) of this subsection; and143 |
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| 174 | 174 | | (II) Does not contain any additional content.144 |
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| 175 | 175 | | (6) The State Board of Education shall adopt rules and regulations necessary to145 |
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| 176 | 176 | | implement the requirements of this subsection.146 |
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| 177 | 177 | | (7) The Department of Education shall publish on its public website information that147 |
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| 178 | 178 | | identifies free resources that comply with the provisions of this subsection."148 |
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| 179 | 179 | | H. B. 313 |
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| 180 | 180 | | - 6 - 25 LC 49 2023 |
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| 181 | 181 | | SECTION 4. |
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| 182 | 182 | | 149 |
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| 183 | 183 | | Said article is further amended by revising Code Section 20-2-1022, relating to online150 |
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| 184 | 184 | | instructional resources relating to American history for educators, as follows:151 |
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| 185 | 185 | | "20-2-1022.152 |
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| 186 | 186 | | To increase student understanding of, and familiarity with, American historical documents153 |
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| 187 | 187 | | and to provide curriculum support to classroom teachers of United States history, American154 |
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| 188 | 188 | | government and civics, economics, and social studies, the Department of Education is155 |
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| 189 | 189 | | strongly encouraged to create an online instructional resource page or pages for teachers,156 |
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| 190 | 190 | | which may include, but is not limited to, links to websites, foundational documents, and157 |
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| 191 | 191 | | lesson plan ideas. In order to create shared digital resources available to all students in this158 |
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| 192 | 192 | | state, such online resources may be integrated with the Teacher Resource Link of the159 |
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| 193 | 193 | | Statewide Longitudinal Data System. At a minimum, such resource page or pages may160 |
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| 194 | 194 | | include the items in paragraphs (1) through (11) |
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| 195 | 195 | | (16) of subsection (a) of Code161 |
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| 196 | 196 | | Section 20-2-1021 and may focus on the foundational principles of limited constitutional162 |
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| 197 | 197 | | government, federalism, religious liberty, freedom of speech, the right to private property,163 |
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| 198 | 198 | | free enterprise, and the rule of law. There shall be no content based censorship of164 |
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| 199 | 199 | | American history, writings of the Founding Fathers, or heritage documents referred to in165 |
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| 200 | 200 | | this Code section due to their religious or cultural nature. It is strongly encouraged that the166 |
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| 201 | 201 | | online teacher resource page be completed and made easily available to teachers no later167 |
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| 202 | 202 | | than July 31, 2016, and support the requirements specified in Code Section 20-2-1020."168 |
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| 203 | 203 | | SECTION 5.169 |
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| 204 | 204 | | This Act shall become effective upon its approval by the Governor or upon its becoming law170 |
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| 205 | 205 | | without such approval.171 |
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| 206 | 206 | | SECTION 6.172 |
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| 207 | 207 | | All laws and parts of laws in conflict with this Act are repealed.173 |
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| 208 | 208 | | H. B. 313 |
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| 209 | 209 | | - 7 - |
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