(S. B. 209)
(No. 60)
(Approved August 5, 2009)
AN ACT
To provide that in all the schools of the Puerto Rico Public Education System a daily meditation period is conducted at the beginning of each school day.
STATEMENT OF MOTIVES
The people of Puerto Rico have always stood out for their attachment to moral, ethical, and civic values. The preamble of our Constitution specifically states our values as people.
The educational process must be comprehensive. It cannot be limited to purely academic matters. Education not only shall seek to nourish the intellect, but also address affective, emotional, social, cultural, and spiritual elements. School must be an ideal place for the student to meditate on subjects that strengthen the spirit and the human mind, such as the value of life, peace, cooperation, solidarity to others, human dignity, self-respect and respect for others, love, compassion, justice, self-esteem, prudence, obedience, sound coexistence, happiness, among others.
In addition to academic goals, education seeks to foster among students a positive attitude toward meditation on the issues affecting their lives. For example, the absence of human values, crime, violence in all of its forms, abuse, alcoholism, drug addiction, prostitution, etc.
School should help the student to develop a moral conscience that allows him/her to clarify the values that make us stand out as people. “Moral conscience is our capability to feel, judge, and act according to the values established and shared by a specific social group. The ethical conscience is the capability people have to examine, internalize, and act according to such moral conscience.” (Civic and Ethical Education Curriculum, Department of Education, Report of August 6, 2002, César A. Rey-Hernández, Ph.D.) [Our translation]
The fact that students should begin their classes by meditating on vital issues for their holistic development, which mainly address their spiritual, social, cultural, and emotional fibers, does not contravene the provisions of the Constitution of the United States of America, in its First Amendment, and the Constitution of the Commonwealth of Puerto Rico, in its Article II, Section 3. Daniel A. Farber once stated that, “The wall of separation remains at its highest on the ground of public schools.” (The First Amendment, 2nd Edition, New Cork, N.Y. The Foundation Press, p. 286, 2003.) Upon review of case law of the United States Supreme Court we found that in Angel v. Vitale, 370 U. S. 421 (1962) it was ruled unconstitutional “[…] that state officials may compose an official state prayer and require that it be recited in the public schools of the State at the beginning of each school day - even if the prayer is denominationally neutral and pupils who wish to do so may remain silent or be excused from the room while the prayer is being recited.” Moreover, in Abington School Dist v. Schempp, 374 U. S. 203 (1963) it was ruled unconstitutional that a “state law or school board may require that passages from the Bible be read […]”; in Wallace v. Jaffree, 472 U. S. 38 (1985) a “one-minute period of silence in all public schools ‘for meditation or voluntary prayer,’”
was also ruled unconstitutional; and in Lee v. Weisman, 505 U. S. 577 (1962) “the District Court enjoined petitioners from continuing the practice at issue on the ground that it violated the Establishment Clause of the First Amendment,” after a rabbi recited a prayer in a graduation ceremony.
However, this measure does not contravene the Establishment Clause and the case law constructions of the courts. Through this measure, it is sought that students meditate on some fundamental principles that shall inure the well-being of our students, enabling them to understand, analyze, and face different problems that are affecting us. It is fair and adequate that our students are furnished with time to meditate on the issues affecting them as human beings.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- It is hereby provided that at all public schools of Puerto Rico a daily period of meditation shall be conducted at the beginning of each school day, regardless of the time in which classes start, whether in the morning or the afternoon. The period of meditation shall be led by the teachers in their own classrooms, provided that the period of meditation shall be of five minutes. It is further provided that such period shall be non-sectarian.
Section 2.- For the purposes of this Act, the term meditation is hereby defined as the act of reflection on or careful consideration of a specific subject or object. The outcome of this meditation results in a value judgment made by the person on the subjects of interest for a better coexistence and quality of life.
Section 3.- The period of meditation provided by this Act shall apply to all levels of education without any distinction whatsoever.
Section 4.- It is hereby further provided that this period of meditation shall not be intended to promote or further any religious or political-partisan ideology.
Section 5.- The Secretary of Education shall adopt all the rules, regulations, circular letters, memoranda, and administrative provisions deemed pertinent to enforce the provisions of this Act.
Section 6.- Severability Clause
If any clause, paragraph, section, subsection or part of this Act were ruled null or unconstitutional by a competent court, the ruling to such effect shall not affect, impair or invalidate the remainder of this Act, nor the remainder of the subsections of the same section or part thereof that was ruled null or unconstitutional.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 60 (S. B. 209) of the
1st Session of the 16th Legislature of Puerto Rico:
AN ACT to provide that in all the schools of the Puerto Rico Public Education System a daily meditation period is conducted at the beginning of each school day. has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on this 15th day of October, 2010.
Solange I. De Lahongrais, Esq.