Committee holds bill to require daily pledge, Virgin Islands motto after legal and implementation concerns

The Committee on Education and Workforce Development on Wednesday held Bill 36-0067, an act to add a section to Title 17 requiring the Pledge of Allegiance and a Virgin Islands motto to be recited at the start of each public school day, after hearing testimony from education officials, the board of education and legal counsel.

Sponsor Senator Alma Francis Heiliger said the proposal is aimed at giving students a short, positive start to the school day. “Do you know how much time that took me? 13 seconds,” Senator Alma Francis Heiliger said, describing the motto she proposed as a brief routine to “set their mindset at the beginning of the day.”

The Virgin Islands Board of Education and Department of Education urged caution. Abigail Hendricks Kagan, representing the board, said the board “respectfully opposes the bill as drafted,” arguing the recitation belongs to school policy and educational practice rather than statutory law. Dr. Dion Wells Hendrington, commissioner of education, told the committee the department generally supports the intent but recommended explicit opt-out language and that implementation be handled by department policy. “Our support of this bill is in keeping with 47 out of 50 of The United States, which also require the reciting of the pledge,” the commissioner said while recommending clear exemptions.

Legal counsel advised the committee that the bill’s current format could create confusion about whether the opt-out is effectively available. “The second part of the proposed legislation does not really accomplish that a clear intent that there is a way out,” legal counsel said, noting that the text emphasizes mandatory recitation in the first subsection and may leave readers with the incorrect impression that participation is required.

Committee members repeatedly cited the U.S. Supreme Court decision West Virginia State Board of Education v. Barnette (1943) during questioning, emphasizing that students cannot legally be compelled to salute or pledge against their conscience. Witnesses and senators also raised practical concerns: teachers’ time, whether a territorywide motto has been publicly vetted, and the risk that an opt-out process could stigmatize students.

After roughly 90 minutes of testimony and questions, Senator Dwayne M. DeGraff moved that the bill “be held in this committee at the call of the chair.” Senator Carla J. Joseph seconded the motion. A roll call recorded votes as follows: Senator Dwayne M. DeGraff — yes; Senator Kenneth L. Gittens — yes; Senator Marie C. James — yes; Senator Franklin D. Johnson — yes; Senator Carla J. Joseph — yes; Senator Avery L. Lewis — no; Senator Kurt Avila (chair) — yes. The tally was 6 yeas, 1 nay; the motion to hold passed.

The hold preserves the sponsor’s ability to return with an amended draft. Testimony and committee members repeatedly suggested alternatives: ask the Virgin Islands Board of Education to adopt a territorywide policy, or rewrite the bill to place the opt-out language and procedures front and center so the statutory text cannot be read as mandatory.

The action leaves the subject open for revisions and further interagency work. If the sponsor reintroduces the measure, committee members asked for specific language clarifying the opt-out process, and for details on how schools would implement and document student and staff exemptions to avoid legal and operational problems.

Votes at a glance: Motion to hold Bill 36-0067 in committee — outcome: held (6–1).