"The difference between mandating Family Life Education and a Moment of Silence is fairly simple. FLE is supposed to teach biological facts about the human body and reproduction. Its purpose is to educate; it is totally secular; and properly taught, there is no implicit or explicit moral or ethical component. FLE should be part of a comprehensive health education program - thus a FLE mandate is analogous to mandating biology class. Further, FLE always had an opt-out provision.

A moment of silence is a spiritual experience - it dictates an emotional response. Therefore, the state is in a different position when it attempts to make such a mandate. We are not mandating a curriculum, we are mandating a personal experience that some localities may find uncomfortable. Finally, mandating a moment of silence is different from FLE because there is no way to have an opt-out option for students who are uncomfortable with a moment of silence.

I do favor the law as it existed prior to the changes we made this year that made the moment of silence mandatory.

Mitch Van Yahres (electronic mail, March 16, 2000)

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I do not personally favor a moment of silence in the schools. However, I feel that the decision about this matter should be left up to the discretion of the local school boards (Mitch Van Yahres, telephone conversation, March 17, 2000).