|Series 8000-8505 - 8000-8505|
RELIGIOUS EXPRESSION IN THE INSTRUCTIONAL PROGRAM
Policy # 8360R
These regulations have been developed to provide guidance to District staff and students regarding religious expression in the public schools. Guidance beyond the statements in these regulations may be found in four basic principles which would apply to the topic of teaching about religion in schools:
1) Is it constitutionally permissible;
2) Is it educationally sound;
3) Is it culturally sensitive; and
4) Is it age appropriate?
Student Prayer and Religious Discussion
) The Establishment Clause of the First Amendment does not prohibit purely private religious
speech by students. Students, therefore, have the same right to engage in individual or group prayer
and religious discussion during the school day as they do to engage in other comparable activity. For
example, students may read their Bibles or other scriptures, say grace before meals, and pray before
tests to the same extent they may engage in comparable nondisruptive activities. School authorities possess substantial discretion to impose rules of order and other pedagogical restrictions on student activities, but they may not structure or administer such rules to discriminate against religious activity or speech.
Generally, students may pray in a nondisruptive manner when not engaged in school activities or instruction, and subject to the rules that normally pertain in the applicable setting. Specifically, students in informal settings, such as cafeterias and hallways, may pray and discuss their religious views with each other, subject to the same rules of order as apply to other student activities and speech.Students may also speak to, and attempt to persuade, their peers about religious topics just as they do with regard to political topics. School officials, however, should intercede to stop student speech that constitutes harassment aimed at a student or a group of students.
Students may also participate in before or after school events with religious content on the same terms as they may participate in other noncurriculum activities on school premises. School officials may neither discourage nor encourage participation in such an event.
The right to engage involuntary prayer or religious discussion free from discrimination does not include the right to have a captive audience listen, or to compel other students to participate. Teachers and school administrators should ensure that no student is in any way coerced to participate in religious activity.
Graduation Prayer and Baccalaureates
Under current Supreme Court decisions, school officials may not mandate or organize prayer at graduation, nor organize religious baccalaureate ceremonies. If a school generally opens its facilities to private groups, it must make its facilities available on the same terms to organizers of privately sponsored religious baccalaureate services.
Official Neutrality Regarding Religious Activity
Teachers and school administrators, when acting in those capacities, are representatives of the state and are prohibited by the establishment clause from soliciting or encouraging religious activity, and from participating in such activity with students. Teachers and administrators also are prohibited from discouraging activity because of its religious content, and from soliciting or encouraging anti religious activity.
Teaching About Religion
Public schools may not provide religious instruction, but they may teach about religion, including the Bible or other scripture: the history of religion, comparative religion, the Bible (or other scripture)-as-literature, and the role of religion in the history of the United States and other countries all are permissible public school subjects. Similarly, it is permissible to consider religious influences on art, music, literature, and social studies. Although public schools may teach about religious holidays, including their religious aspects, and may celebrate the secular aspects of holidays, schools may not observe holidays as religious events or promote such observance by students.
Students may express their beliefs about religion in the form of homework, artwork, and other written and oral assignments free of discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance, and against other legitimate pedagogical concerns identified by the school.
Students have a right to distribute religious literature to their schoolmates on the same terms as they are permitted to distribute other literature that is unrelated to school curriculum or activities. Schools may impose the same reasonable time, place,and manner or other constitutional restrictions on distribution of religious literature as they do on non-school literature generally, but they may not single out religious literature for special regulation.
Religious Exemptions From Instruction
Subject to applicable state laws, schools enjoy substantial discretion to excuse individual students from lessons that are objectionable to the student or the students' parents/guardians on religious or other conscientious grounds. However, students generally do not have a federal right to be excused from lessons that may be inconsistent with their religious beliefs or practices. School officials may neither encourage nor discourage students from availing themselves of such a religious exemption. However, if such exemption is granted, alternative activities may be provided that are of comparable instructional value.
Subject to applicable state laws, schools have the discretion to dismiss students to off-premises religious instruction, provided that schools do not encourage or discourage participation or penalize those who do not attend. Schools may not allow religious instruction by outsiders on school premises during the school day.
Though schools must be neutral with respect to religion, they may play an active role with respect to teaching civic values and virtue, and the moral code that holds us together as a community, The fact that some of these values are held also by religions does not make it unlawful to teach them in school.
Schools enjoy substantial discretion in adopting rules and regulations relating to student dress and school uniforms. Students generally have no federal right to be exempted from religiously neutral and generally applicable school dress rules based on their religious beliefs or practices; however, schools may not single out religious attire in general, or attire of a particular religion, for prohibition or regulation. Students may display religious messages on items of clothing to the same extent that they are permitted to display other comparable messages. Religious messages may not be singled out for suppression, but rather are subject to the same rules as generally apply to comparable messages.
Equal Access Act
The Equal Access Act is designed to ensure that, consistent with the First Amendment, student religious activities are accorded the same access to public school facilities as are student secular activities.
Student religious groups at public secondary schools have the same right of access to school facilities as is enjoyed by other comparable student groups. Under the Equal Access Act, a school receiving federal funds that allows one or more student non-curriculum related clubs to meet on its premises during non-instructional time may not refuse access to student religious groups.
Prayer Services and Worship Exercises Covered
A meeting, as defined and protected by the Equal Access Act, may include a prayer service, Bible reading, or other worship exercise.
Equal Access to Means of Publicizing Meetings
Lunch Time and Recess Covered
A school creates a limited open forum under the Equal Access Act, triggering equal access rights for religious groups, when it allows students to meet during their lunch periods or other non instructional time during the school day, as well as when it allows students to meet before and after the school day.
8000-8505 - 8000-8505