Religious Issues in Public Schools

1. Religious Issues in Public Schools Answers to the Self-Test can be found atmy 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 student’s 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 yamulka. Schools may also not bar students from wearing religious attire (ie. yarmulkas or head scarves.) Teachers may not wear religious attire, however they may wear religious jewelry or temporary religious markings (ie. 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 student’s 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 student’s religious beliefs. In this case the teacher illegally violated the Jehovah Witness student’s 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