Student Religious Expression Student Religious Expression in Public Schoolsin Public Schools
What’s Permissible & What’s NotWilliam Allan Kritsonis, PhD
Student religious expression Student religious expression in public schoolsin public schools
Foundation PrinciplesDissecting MythsOverview of What’s PermissibleOverview of What’s Not
Untangling “student-initiated”
Issues/Topics:– Classrooms– Student Clubs– Release Time– Athletic events– Assemblies – Graduation Ceremonies– Distribution of Literature– Religious Holidays– Student Opt-outs: curriculum, garb, holidays– Teachers
Key Word:Key Word:
Sponsorship
America’s Growing Religious America’s Growing Religious DiversityDiversity
Protestant, Catholic, Jew
1600 religions & denominations
BuddhismBuddhism
3-4 Million Americans
HinduismHinduism
1.5-2 Million Americans
IslamIslam
6-8 Million Americans
How Religious Diversity How Religious Diversity Impacts SchoolsImpacts Schools
Different traditions & ways to pray
Holidays & observances
Sensitivity to course content
Attire Dietary needs
Foundation PrinciplesFoundation 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.
“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 O’Connor
Trust RelationshipTrust 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
“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
MythsMyths
Students cannot pray, read BiblePrayer & Bible reading was common prior
to Court decisionsBible cannot be studied in schoolPublic schools cannot teach valuesTeachers cannot discuss religion or
acknowledge holidaysLack of religion cause of social ills
Myth: Students cannot pray, Myth: Students cannot pray, read the Bibleread the Bible
Fact: Court forbade school ORGANIZED or SPONSORED religion
Private expression allowed
Moments of silence
Myth: Prayer & Bible reading Myth: Prayer & Bible reading was commonwas common
Fact: Only 1/3 of public schools had organized religious exercises before 1962
Myth: Bible cannot be studied Myth: Bible cannot be studied in schoolsin schools
Fact: Court forbade only inspirational or devotional study
Academic study OK
Myth: Public Schools cannot Myth: Public Schools cannot teach valuesteach values
Fact: Teachers can and do teach common values: honesty, respect, trust, civility, responsibility, etc.
Myth: Teachers cannot Myth: Teachers cannot acknowledge religionacknowledge 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
Myth: Social problems due to Myth: Social problems due to lack of school prayerlack of school prayer
Non sequitur Many causes; no
simple solutions
What’s PermissibleWhat’s Permissible
Individual & private prayerMoments of silenceStudent-initiated religious clubs (secondary)Distribution of religious literatureStudent selected assignments/projectsTeach “about” religion
What’s NotWhat’s 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
Quandary: “Student-Led”Quandary: “Student-Led”
Must be truly student-controlled or student autonomy
Not “student-led” if part of school sponsored or controlled activity
Student votes
ClassroomsClassrooms
Assignments Art-work, projects
Student presentations Teacher discussions Teach “about”
religions Moments of silence
Student ClubsStudent Clubs
Equal Access Act (1984) (secondary)Student-initiated & ledBefore or after classesNon-curriculum relatedSimilar access to facilities, recognitionTeachers monitor, not participateGood News Club
Release TimeRelease Time
School-day religious instructionOff-campusMeaningful alternativesGood News Club complication
Athletic EventsAthletic Events
School controlled and directed activities
Student-led prayer
not permitted Coach-led prayer
not permitted Team prayers ?
AssembliesAssemblies
School organized, controlled events
Outsider access prohibited
Student speech
Public Forum – “Equal Treatment?”
Graduation PrayerGraduation Prayer
Clergy prayer not permitted
Student led for prayer not permitted
Student votes Deep South exception
Baccalaureates
Student DistributionsStudent Distributions
Same rules as govern non-religious items
Schools may impose reasonable time, place & manner limits
Offensive material
Religious HolidaysReligious Holidays
Observances – OK Celebrations – NOT
OK Teaching
opportunities Carols, sacred music
Student Opt-OutsStudent Opt-Outs
Religious holidays & attend services
“Offensive” course material
Religious garb Prayer time?
EvolutionEvolution
Teaching evolution permissible
“Equal time” for creation science or “intelligent design” not permitted
Ten CommandmentsTen Commandments
Posting of Ten Commandments in schools not permitted
May be used in academic study
Teacher Religious ExpressionTeacher Religious Expression
Limited Opportunities (Public Employees)
Not use classroom to share faith
Not participate in student religious activities
PartnershipsPartnerships
Church members may volunteer to tutor, mentor in schools
Not for proselytizing
ContactsContacts
American Jewish Congress 212-360-1545Americans United 202-466-3234ADL 212-885-7733Baptist Joint Committee 202-544-4226Christian Legal Society 703-642-1070First Amend. Center 703-284-2859PTA 202-289-6790