Students Rights - Dr. William Allan Kritsonis

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