Religious Issues in Public Schools

1
Religious Issues in Public Schools

• Answers to the Self-Test can be found at my web
  site.

2
Religious Issues in Public Schools

• Before viewing this show you and your study group
  should have completed and submit your Religion
  in Public Schools Self Test found at my web site.

3
Introduction

• The separation of church and state is often
  misunderstood as it applies to schools.
• You will examine your current knowledge of the
  law as it applies to local schools.
• We will then look at specifics of the law in the
  cases to follow.

4
Basic Legal Concepts

• Teacher as representative of the state
• Endorsement
• Neutrality
• Captive Audience
• Equal Access Amendment
• Primary vs. Secondary
• Excessiveness
• Religious Harassment

5
Self-Test Assessment

• Refer to your test for the incidents as you
  review the answers on the following pages.
• Correct your answers and indicate on the self-
  test which of the legal concepts (refer to
  slide 3) apply to the incident answer.
• Submit your test with your original answers,
  corrected answers and legal concept indicated.

6
Answer One

• 1. Distributing Gideon Bibles
• This is illegal although it occurs regularly
  in schools in various parts of the nation. No
  religion may be promoted to a captive audience in
  a public K-12 school. Neither teachers nor
  outsiders may hand out nor facilitate the
  distribution of religious literature in school.
  Teachers are agents of the government, which may
  not establish any religion. When a teacher
  allows the promotion of a particular religion in
  her class this constitutes establishment. Schools
  may not, however, ban the distribution of such
  literature on the public sidewalk outside school
  grounds

7
Answer Two

• 2. Christian carols in the holiday pageant.
• Religious music may be included as part of a
  holiday presentation as long as the presentation
  serves an educational purpose, is not devotional
  or religious celebration, and the religious music
  or theme does not dominate the program. Religious
  music may also be included in curricula intended
  to teach about religions, but not to teach
  religion.

8
Answer Three

• 3. Student invites a friend to his church.
• This is legal. All students have the right to
  discuss their religion with other students,
  prostheletize to other students outside the
  classroom as well as the right to ask other
  students to attend or join their religion. This
  is the students right to free speech. The school
  may not interfere, however, if the other student
  says no or stop the student may not persist.
  This would be religious harassment.

9
Answer Four

• 4. Child is wearing a yarmulke.
• Schools may also not bar students from wearing
  religious attire (i.e.. yarmulkes or head
  scarves.) Teachers may not wear religious attire,
  however they may wear religious jewelry or
  temporary religious markings (i.e.. ashes on Ash
  Wednesday.)

10
Answer Five

• 5. Students distribute religious flyers.
• Teachers may neither promote nor discourage
  student distribution of religious literature.
  Free speech gives students the right to
  distribute such literature. If the activity takes
  place in the classroom it also may constitute
  captive audience. The school can ban such
  activities. However, schools can impose
  reasonable time, place and manner on how all
  student literature is distributed. Religious
  literature condemning others religious beliefs
  can probably be excluded from elementary schools,
  but not senior high schools. Schools may also ban
  all non-student prepared literature.

11
Answer Six

• 6. Student reads Christian prayer over the
  intercom.
• Reading prayer over the intercom is illegal
  whether a principal allows it or students
  independently decide to lead prayer. The legal
  issue is captive audience -- students in
  classrooms must listen to PA announcements.
  Schools may begin the day with a moment of
  silence as long as there is no implication that
  it is a moment of silent prayer. Schools should
  communicate to students that the school neither
  sponsors prayer nor disapproves of prayer, but
  that it respects the rights of believers and
  nonbelievers equally.

12
Answer Seven

• 7. Various religions contributions to building
  of the U.S.
• Textbook publishers took much of the
  information concerning the historical role
  religious groups played in the US as a nation out
  of textbooks in a reaction which had nothing to
  do with compliance to the law, but fear that
  their textbooks would not be approved by school
  systems which were misunderstanding the laws
  limiting state-sanctioned religious practices in
  public schools. This was the publishers decision
  not the courts. In fact, the courts have
  encouraged these studies. Some publishers have
  reintroduced this information on a limited basis.
  Teachers are free to include additional
  information they have gathered.

13
Answer Eight

• 8. Teacher asks students if they attended church
  on Sunday and Thursday.
• This type of inquiry is a violation of the
  establishment clause since the teacher implicitly
  encourages a particular religious perspective and
  this is illegal. Nor may a teacher denigrate a
  students religious practices or beliefs. Not all
  children go to church, nor do they necessarily
  worship in a church (vs. a synagogue or mosque),
  nor do they necessarily worship on Sunday or
  Thursday.

14
Answer Nine

• 9. Teaching character education using religious
  dogma.
• Teachers may (and do) legally teach morals
  and values to their students. However, when they
  do so by religious dogma, this violates the
  establishment clause and is illegal.
  Additionally, teachers may not imply that
  religious authority is unnecessary or
  unimportant, rather they must remain neutral.

15
Answer Ten

• 10. A Teacher is told neither he nor his students
  may pray in school.
• Prayer was never banned from schools.
  Students have the right to their religious
  beliefs and practices. Students may carry/read
  religious texts, pray silently or in groups or
  say grace before meals as long as they do not
  disrupt classroom activities or involve captive
  audiences. Students cannot say/lead oral prayers
  in a classroom or at school assembly, graduation
  or athletic events. Students may discuss religion
  and attempt to persuade other students as long as
  this is not persistent and therefore harassment.
  A student may not use her right to pray as an
  excuse to exclude herself from classroom
  activities. Teachers must remain neutral
  concerning students religious beliefs/practices.

16
May teachers pray? Yes, teachers may pray
silently as long as it will not disrupt school or
classroom activities. However, teachers may not
pray with students or in a way that influences
students. To do so would violate the
establishment clause.
17
Answer Eleven

• 11. School staff approve a student led prayer at
  graduation.
• School support of student led prayer is illegal
  in two aspects. First, the courts have ruled that
  when school personnel approve of a prayer they
  are violating the establishment clause. Secondly,
  student-led prayer or benedictions by ministers
  at graduation as well as baccalaureates held as
  part of the graduation ceremony are in violation
  of captive audience.

18
Answer Twelve

• 12. Teaching both evolution and creation as
  scientific theories.
• Only theories proven by scientific method may be
  taught as scientific theory in science classes.
  This includes scientific theory that is critical
  of evolution. Creation has been ruled by the
  courts to be religious theory or theology that
  promotes a particular religious view and may not
  be taught as science. Creation may, however, be
  taught in comparative religion, social studies or
  courses that consider various religious
  explanations for the origin of life.

19
Answer Thirteen

• 13. Students organize a prayer around the
  flagpole. The teachers join in the activity.
• Students may legally pray around the flagpole
  under the protection of their freedom of
  religious expression. School personnel may
  neither encourage nor discourage this activity.
  Teachers, again, representing the state, may not
  join the students as this is a violation of the
  establishment clause. Teachers may pray around
  the flagpole outside the district in which they
  are employed.

20
Answer Fourteen

• 14. Teacher puts a Christian fish symbol over her
  door.
• Religious symbols that indicate the promotion of
  a particular religion or the preference for one
  religion over another may not be displayed on
  school property as this violates the
  establishment clause. This includes holiday
  displays. Teachers have the right to freedom of
  religious belief and practice and they may
  legally display religious symbols on their person
  and personal property according to school dress
  codes. Religious symbols also can be used as a
  teaching aid or resource in classes only as
  examples of cultural or religious heritage. They
  may also be displayed temporarily as part of an
  academic program.

21
Answer Fifteen

• 15. School refuses to let a Bible club meet on
  school grounds after school.
• School boards have the legal right to allow or
  forbid non-curricular clubs (i.e. girl scouts,
  4-H) to use school facilities. The Equal Access
  Act ensures that if non-curricular clubs are
  allowed, the school cannot exclude religious
  clubs nor any club whose speech the school may
  disagree with. Schools can neither promote nor
  discourage religious clubs. More importantly, the
  Act applies only to secondary schools. Elementary
  school students are considered too young to have
  established religious beliefs (as set out by
  their parents) and are easily influenced by
  authority figures. Teachers, next to parents or
  guardians, are the authority figures young
  children most want to please. Thus, religion
  clubs are not allowed in elementary schools.

22
Answer Sixteen

• 16. A student is kicked out of class for not
  saying the Pledge of Allegiance.
• Teachers can neither promote nor denigrate
  religious beliefs. They must respect a students
  religious beliefs. In this case the teacher
  illegally violated the Jehovah Witness students
  religious belief that he may not pledge his
  allegiance to anyone but God.

23
Answer Seventeen

• 17. Teacher fails a student who includes a
  religious theme in his assignment.
• Students have the right to express their
  religious beliefs in assignments as long as what
  the student submits fits the assignment given. A
  teacher may not denigrate nor correct such
  expressions nor require a student to modify or
  excise religious expression. The teacher may
  refuse to accept the religious theme only if it
  does not fit what the student was assigned. In a
  captive audience situation, the teacher may need
  to intervene to protect other students if a
  student uses oral time to prostheletize.

24
Summary

• We have reviewed current law regarding religion
  in public schools.
• The law is constantly changing, especially law
  based on court decisions below the US Supreme
  Court level.
• Keep current on the law by reviewing case law
  every year.

25
References for Further Reading

• Haynes, C. (ed.), Thomas, O. (legal ed.),
  Leach, J. and Kendall, A.. (associate. ed.) 1996.
  Finding Common Ground A First Amendment Guide to
  Religion and Public Education. Nashville, TN The
  Freedom Forum First Amendment Center at
  Vanderbilt University. http//www.fac.org/publicat
  /cground/contents.html
• Religion in the Public Schools A Joint
  Statement of Current Law. 1994. 15 east 84th
  Street, Suite 501, New York, NY 10028
• The Right to Religious Liberty The Basic ACLU
  Guide to Religious Rights, Second Edition. Lynn,
  B., Stern, M. and Thomas, O. 1995. Carbondale,
  IL Southern Illinois University Press. P.O Box
  3697, Carbondale, IL 62902-3697