Moment of silence could be back Monday

After a three-year ban, schools will, come Monday, once again be expected to enforce the controversial “moment of silence.”

The Silent Reflection and Student Prayer Act — approved by the General Assembly in 2007 — has been banned in public schools since 2009, after Buffalo Grove atheist Rob Sherman and his daughter Dawn, now a Buffalo Grove High School senior, challenged the law in court.

Judge Robert W. Gettleman ruled then that the law was unconstitutional, putting the ban into effect, but on Dec. 30, the U.S. Appeals Court ruled the law constitutional because it doesn’t specifically instruct students to pray.

In response to the higher court’s ruling, Gettleman moved on Friday afternoon to lift the ban.

“This period shall not be conducted as a religious exercise, but shall be an opportunity for silent prayer,” the state board instructed school districts Friday.

In his earlier weekly message, which warned of the upcoming change, state Superintendent Christopher Koch made it clear that the board of education “has no intention to limit school districts’ flexibility to implement (the law) in a manner that works best for the district and its students.”

Suburban schools reached Friday largely planned to reinstitute the period of reflection at the beginning of their days.

In a memo to principals, Elgin Area School District U-46 Chief Legal Officer Pat Broncato suggested that “the silent reflection be done either before or after the pledge,” which, he said is done over the intercom at most of the district’s 53 schools.

Similarly, Indian Prairie Unit District 204 and Naperville Unit District 203 also issued memos noting the moment of silence would be taking place in conjunction with morning announcements.

Rob Sherman said that he and his daughter plan to appeal to the Supreme Court.

Earlier in the day, before the ban was lifted, Sherman had expressed hope that Gettleman would wait to lift the injunction “until the Supreme Court decides whether it’s going to take the case.”

If that happened, Sherman said, it would have been possible that his daughter would graduate before the moment of silence was reinstated.

“So hey, we (would) have succeeded in protecting Dawn all the way through high school for this thing...,” Sherman said. “Her time has not been wasted for three and a half years.”

Reached after school, Dawn Sherman expressed disappointment over the lifting of the injunction.

Asked what she planned to do with the reflection period, she said “Biology, probably. Or study for finals. I’m not going to completely sit on my hands.”