A bill that would place a constitutional amendment before Alabama voters to allow voluntary prayer and religious devotion in public schools stalled in the House Education Policy Committee on Wednesday after lawmakers raised concerns about a funding penalty tied to school board compliance.
House Bill 43, sponsored by Representative Reed Ingram, R-Pike Road, would propose an amendment to the Alabama Constitution authorizing local boards of education to adopt policies permitting “voluntary prayer, meditation, and other religious expressions” during the school day.
As introduced, the bill states that local boards “may adopt a policy to allow students to participate in voluntary prayer, meditation, or other religious expression consistent with the United States Constitution and the Constitution of Alabama of 2022.” It specifies that any activity “shall be student-initiated and voluntary” and “shall not be sponsored, promoted, or endorsed by the school or any school employee.”
Ingram said the measure would restore religious devotion in schools while leaving the decision to local officials.
“Of course, we’ve already got the pledge, but this puts the devotion back into the classroom with an option of a constitutional amendment, and it also takes it to give it to each superintendent to have a vote on it, whether they want to do it or not. So it’s all optional,” Ingram said.
Lawmakers adopted an amendment that removed explicit references to the Bible and eliminated certain permission slip requirements. Instead, schools would designate a room or area for devotional time. Ingram said he made the changes to simplify the proposal and address concerns.
“On what this does, it takes the word Bible out, and it’s devotion, prayer, still in the classroom, if that’s what the superintendent or the school board wants to do,” he said. “It takes out a permission slip, so the schools don’t have to keep up with the permission slip.”
Under the bill, the proposed amendment would appear on the November general election ballot. If voters ratify it, local boards of education would have to take a formal yes-or-no vote on whether to implement a policy allowing voluntary religious activities.
Lawmakers focused much of the debate on an enforcement provision Ingram called a “clawback.” If a local board fails to vote within 90 days of ratification, the state superintendent of education could withhold up to 25 percent of certain state funding until the board complies.
Representative Barbara Drummond, D-Mobile, questioned whether the penalty would harm students because of elected officials’ inaction.
“That means that the children of Alabama will lose if those individuals don’t take a vote,” Drummond said. “We’re talking about two separate issues. One dealing with the people, the other one is going to take money away from the children. That I have a problem with.”
Ingram said the requirement would ensure boards carry out voters’ will if the amendment passes.
“If the citizens vote for it, for the constitutional amendment, and it’s yes, and the school boards don’t take a position and don’t vote at all, they have to take a yes or no vote,” he said. “If they don’t take a position, then there is some clawback.”
He compared the provision to economic development incentives the state uses to enforce agreements.
“We have to put clawback on economic development to incentivize people to stay, to keep what they said they would do,” Ingram said.
Representative Anthony Daniels, D-Huntsville, said the bill would not improve academic performance and criticized what he described as a pattern of targeting public schools.
“This has nothing to do with improving the quality of education,” Daniels said. “This has nothing to do with raising the science scores, the Literacy Act or Numeracy Act. It has nothing to do with college and career readiness, but we’re focusing our attention on trivial things for political gain.
“There’s no way this is helping these kids. Tell me what test they’re taking, or any assessment that they’re taking, or a summative that’s helping them with this.”
Ingram said he believes faith can positively shape students’ lives.
“I think putting God in their life is really helping them,” Ingram said.
After extended debate, a lawmaker moved to give House Bill 43 a favorable report as amended. Committee Chair Terri Collins, R-Decatur, said the measure did not receive enough support to advance.
“At this point in time, because we’ve had changes, I would like us to not carry this bill over right now. We will bring it back. We will listen to what their concerns are, and we will bring it back next time. I did not hear enough ayes,” Collins said.
HB43 remains in committee and could return to the agenda later.
