Student Religious Expression in Public Schools

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Student Religious Expression in Public Schools

• Whats Permissible Whats Not

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Student religious expression in public schools

• Foundation Principles
• Dissecting Myths
• Overview of Whats Permissible
• Overview of Whats Not
• Untangling student-initiated

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• Issues/Topics
• Classrooms
• Student Clubs
• Release Time
• Athletic events
• Assemblies
• Graduation Ceremonies
• Distribution of Literature
• Religious Holidays
• Student Opt-outs curriculum, garb, holidays
• Teachers

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Key Word

• Sponsorship

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Americas Growing Religious Diversity

• Protestant, Catholic, Jew
• 1600 religions denominations

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Buddhism

• 3-4 Million Americans

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Hinduism

• 1.5-2 Million Americans

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Islam

• 6-8 Million Americans

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How Religious Diversity Impacts Schools

• Different traditions ways to pray
• Holidays observances
• Sensitivity to course content
• Attire
• Dietary needs

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Foundation Principles

• Not the business of government to control,
  support or influence the kinds of prayer
  Americans say.
• Government power prestige behind religion
  places indirect pressure on religious minorities
  to conform to prevailing expressions.

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• Government must avoid sending messages to
  religious minorities that they are outsiders, not
  full members of the political community, and an
  accompanying message to adherents that they are
  insiders, favored members of the political
  community.
• Justice Sandra Day OConnor

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Trust Relationship

• Families entrust public schools with the
  education of their children, but condition their
  trust on the understanding that the classroom
  will not be used to advance religious views that
  conflict with the private beliefs of the student
  or his or her family
• Justice William Brennan

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• The place of religion in our society is an
  exalted one, but it is not the place of the state
  to interfere with the role of the church, the
  family, or the inviolable citadel of the human
  heart and mind.
• Justice Tom Clark

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Myths

• Students cannot pray, read Bible
• Prayer Bible reading was common prior to Court
  decisions
• Bible cannot be studied in school
• Public schools cannot teach values
• Teachers cannot discuss religion or acknowledge
  holidays
• Lack of religion cause of social ills

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Myth Students cannot pray, read the Bible

• Fact Court forbade school ORGANIZED or SPONSORED
  religion
• Private expression allowed
• Moments of silence

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Myth Prayer Bible reading was common

• Fact Only 1/3 of public schools had organized
  religious exercises before 1962

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Myth Bible cannot be studied in schools

• Fact Court forbade only inspirational or
  devotional study
• Academic study OK

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Myth Public Schools cannot teach values

• Fact Teachers can and do teach common values
  honesty, respect, trust, civility,
  responsibility, etc.

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Myth Teachers cannot acknowledge religion

• Fact Religious topics may be discussed when
  germane
• Religious themes part of our history, literature
  social relationships
• However, teachers may not use religious
  references to proselytize

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Myth Social problems due to lack of school prayer

• Non sequitur
• Many causes no simple solutions

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Whats Permissible

• Individual private prayer
• Moments of silence
• Student-initiated religious clubs (secondary)
• Distribution of religious literature
• Student selected assignments/projects
• Teach about religion

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Whats Not

• Rule School sponsored, directed, controlled or
  encouraged religious exercises

• Teacher-led prayer or Bible reading
• Teacher/administrator participating with students
• Turning over classrooms to students or outsiders
• Prayer/Bible reading over public address system
• Prayer/Bible reading at assemblies, concerts,
  athletic events, other official activities
• Presentations or distributions by outsiders

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Quandary Student-Led

• Must be truly student-controlled or student
  autonomy
• Not student-led if part of school sponsored or
  controlled activity
• Student votes

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Classrooms

• Assignments
• Art-work, projects
• Student presentations
• Teacher discussions
• Teach about religions
• Moments of silence

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Student Clubs

• Equal Access Act (1984) (secondary)
• Student-initiated led
• Before or after classes
• Non-curriculum related
• Similar access to facilities, recognition
• Teachers monitor, not participate
• Good News Club

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Release Time

• School-day religious instruction
• Off-campus
• Meaningful alternatives
• Good News Club complication

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Athletic Events

• School controlled and directed activities
• Student-led prayer
• not permitted
• Coach-led prayer
• not permitted
• Team prayers ?

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Assemblies

• School organized, controlled events
• Outsider access prohibited
• Student speech
• Public Forum Equal Treatment?

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Graduation Prayer

• Clergy prayer not permitted
• Student led for prayer not permitted
• Student votes
• Deep South exception
• Baccalaureates

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Student Distributions

• Same rules as govern non-religious items
• Schools may impose reasonable time, place
  manner limits
• Offensive material

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Religious Holidays

• Observances OK
• Celebrations NOT OK
• Teaching opportunities
• Carols, sacred music

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Student Opt-Outs

• Religious holidays attend services
• Offensive course material
• Religious garb
• Prayer time?

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Evolution

• Teaching evolution permissible
• Equal time for creation science or intelligent
  design not permitted

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Ten Commandments

• Posting of Ten Commandments in schools not
  permitted
• May be used in academic study

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Teacher Religious Expression

• Limited Opportunities (Public Employees)
• Not use classroom to share faith
• Not participate in student religious activities

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Partnerships

• Church members may volunteer to tutor, mentor in
  schools
• Not for proselytizing

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Contacts

• American Jewish Congress 212-360-1545
• Americans United 202-466-3234
• ADL 212-885-7733
• Baptist Joint Committee 202-544-4226
• Christian Legal Society 703-642-1070
• First Amend. Center 703-284-2859
• PTA 202-289-6790

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