The school music teacher is a The school music teacher is a devout Christian. She tends to devout Christian. She tends to

choose music that choose music that hashas a Christian a Christian message, and the lyrics might message, and the lyrics might

occasionally refer to God or Jesus. occasionally refer to God or Jesus. A small number of students in the A small number of students in the

class are from diverse religious class are from diverse religious backgrounds and feel backgrounds and feel

uncomfortable when singing these uncomfortable when singing these lyrics. Should the teacher adjust lyrics. Should the teacher adjust

her curriculum?her curriculum?

11stst Amendment Amendment 1 1

Separation of church and stateSeparation of church and state Texas Code of Ethics for EducatorsTexas Code of Ethics for Educators 22

(D) Standard 3.4(D) Standard 3.4

(G) Standard 1.7(G) Standard 1.7

Supreme Court CasesSupreme Court Cases 33

Lemon v. Kurtzman, 403 U.S. 602 (1971)Lemon v. Kurtzman, 403 U.S. 602 (1971)

Walz v. Tax Commission, 397 U.S. 664, 397 U.S. Walz v. Tax Commission, 397 U.S. 664, 397 U.S. 668 (1970)668 (1970)

Board Of Education v. Allen, 392 U.S. 236, 392 Board Of Education v. Allen, 392 U.S. 236, 392 U.S. 234 (1968)U.S. 234 (1968)

88thth Circuit Court of Appeals Circuit Court of Appeals 4 4

Florey v. Sioux Falls School District 619 F.2d Florey v. Sioux Falls School District 619 F.2d 1311 (81311 (8th th Cir.), cCir.), cert. deniedert. denied, 449 U.S. 987 (1980), 449 U.S. 987 (1980)

OptionOption – –

Remove all religious content from Remove all religious content from curriculumcurriculum

ConsequenceConsequence – –

Short Term –Short Term – student deprivation of student deprivation of musical musical history/culture history/culture

On Going –On Going – reduced, incomplete reduced, incomplete curriculumcurriculum

Long TermLong Term – cultural ignorance – cultural ignorance

Psychological –Psychological – teacher job teacher job dissatisfaction & dissatisfaction & stress stress

Social –Social – may facilitate intolerance may facilitate intolerance

OptionOption – – Correlate lesson plans to the TEKS: Correlate lesson plans to the TEKS: 55

ConsequencesConsequences – – Short Term/On-goingShort Term/On-going - Student/Parent - Student/Parent displeasure with exposure, complaints displeasure with exposure, complaints

Long TermLong Term – Possible reduction in class – Possible reduction in class enrollmentenrollment

PsychologicalPsychological – Teacher stress, job – Teacher stress, job insecurities, depressioninsecurities, depression

SocialSocial – Teacher isolation, criticism – Teacher isolation, criticism

EconomicEconomic – Potential lawsuit against ISD, – Potential lawsuit against ISD, associated court costs, bad publicity, overall associated court costs, bad publicity, overall reduced enrollment, funding lossreduced enrollment, funding loss

WhatWhat – –

Correlate lesson plans to TEKS Correlate lesson plans to TEKS

WhyWhy – –

No 1No 1stst Amendment violationsAmendment violations

Conforms to the Texas Code of Conforms to the Texas Code of Ethics Ethics

Lesson plans supported by TEKS Lesson plans supported by TEKS

Lesson plans approved by school Lesson plans approved by school administratorsadministrators

Is it legal?Is it legal?

YesYes NoNo

Choose another solutionChoose another solutionIs it ethical?Is it ethical?

YesYes NoNo

Choose another solutionChoose another solutionApproved by administration?

Approved by administration?

YesYes NoNo

Choose another solutionChoose another solution

1.1.http://en.wikipedia.org/wiki/http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution First_Amendment_to_the_United_States_Constitution

2.2. http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac 3.3.http://supreme.justia.com 4.4.http://atheism.about.com/library/decisions/religion/bl_l_FloreySouixFalls.html

5.5.http://www.tea.state.tx.us/rules/tac/chapter117/index.html