DOCUMENT RESUME

ED 313 285 SO 020 274

AUTHOR Strazicich, Mirko, Ed.TITLE Moral and Civic Education and Teaching about

Religion. Handbook on the Legal Rights andResponsibilities of School Personnel and Students.

INSTITUTION California State Dept. of Education, Sacramento.REPORT NO ISBN-0-8011-0762-8PUB DATE 88

NOTE 63p.

AVAILABLE FROM Bureau of Publications Sales, California StateDepartment of Education, P.O. Box 271, Sacramento, CA95802-0271 ($3.25).

PUB TYPE Books (010) Guides - Non-Classroom Use (055) --Legal /Legislative /Regulatory Materials (090)

EDRS PRICE MFO1 Plus Postage. PC Not Available from EDRS.DESCRIPTORS Citizenship; *Citizenship Education; Civics; Codes of

Ethics; ElemeW.ary Secondary Education; EnglishInstruction; *Ethical Instruction; *Ethics; HistoryInstruction; Language Arts; Moral Development; MoralValues; Religion; *Religious Education; *SchoolResponsibility; School Role; Social Sciences; StudentBehavior; Teacher Responsibility

IDENTIFIERS *California; Religion Studies

ABSTRACTAdopted by the California State Board of Education on

June 10, 1988, this handbook outlines the legal rights andresponsitilities that school personnel have and their educationalresponsibilities in such areas as morality, democratic values, andreligion in the schools. Section I, "Moral Values and PublicEducation," addresses the issues of morality, truth, justice,patriotism, self-esteem, and values. Section II, "Instruction on theRights and Responsibilities of Citizenship," includes the code ofethics for the teaching profession, a discussion of democratic valuesand principles, the rules for student conduct, and the importantelements of a constitutional democracy. Section III, "Teaching aboutReligion in the Public Schools," cites the legal rights andresponsibilities that school personnel have for teaching aboutreligion and offers suggestions for subject matter content andguidelines. Section IV, "Morals, Values, and Teaching about Religionin Recently Adopted Curriculum Frameworks," opens with suggestedguidelines for including ethical issues in the curriculum. Itincludes a description about how the "California History-SocialScience Framework" and the "English-Language Arts Framework" addressmoral and civic education and teaching about religion. A list of 59publications from the California State Department of Educationconcludes the document. (JB)

**************************************.c********************************* Reproductions supplied by EDRS are the best that can be made* from the original document.****w******************************************************************

U S DEPARTMENT OF EOUCATIONOffice of Educational Research and Improvement

EDUCATIONAL RESOURCES INFORMATIONCENTER (ERIC)

*This document has been reproduced anreceived from the person or organizationoriginating .1

0 Minor changes have been made to improvereproduction quality

Points of view or opinions stated in this docu-ment do not necessarily represent official0E1,11 position or policy

"PERMISSION TO REPRODUCE THISMATERIAL IN MICROFICHE ONLYHAS BEEN GRANTED BY

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TO THE EDUCATIONAL RESOURCESINFORMATION CENTER (ERIC)."

..411

Handbook on the Legal Rights and Responsibilitiesof School Personnel and Students in the Areas of

MORAL AND CIVIC EDUCATIONAND TEACHING

ABOUT RELIGION

Adopted by theCALIFORNIA STATE BOARD OF EDUCATION

June 10, 1988

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r

Publishing Information

When Moral and Civic Education and Teaching AboutReligion was adopted by the California State Board of Edu-cation on June 10, 1988, the members of the Board were:

Francis Laufenberg, PresidentJim C. Robinsoi., Vice-PresidentJoseph D. CarrabinoAgnes ChanPerry Dyke

Gloria HornSusan OwensKenneth L. PetersD avid T. RomeroArmen Sarafian

Bill Honig, Secretary and Executive Officer

This document was edited by Mirko Strazicich, Staff Editor,and prepared for photo-offset production by the Bureau ofPublications, working in cooperation with Greg Geeting,Executive Director to the State Board. The cover design andformat were created by Cheryl Shawver McDonald. Thedocument was published by the California State Departmentof Education, 721 Capitol Mall, Sacramento, California(mailing address: P.O. Box 944272, Sacramento, CA 94244-2720), for the California State Board of Education and wasdistributed under the provisions of the Library DistributionAct and Government Code Section 11096.

0 1988, California State Department of Education

Copies of this publication are available for $3.25 each, plussales tax for California residents, from the Bureau ofPublications Sales, California State Department of Educa-tion, P.O. Box 271, Sacramento CA 95802-0271.

A list of publications available from the Department maybe found on page 55 of this publication.

ISBN 0-8011-0762-8

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CONTENTS

I. Moral Values and Public EducationA. Legal Responsibilities of School PersonnelB. Educational Responsibilities of School Personnel

1. Moralitya. Fundamental Moral Valuesb. Respect for Differencesc. Significance of Religion

2. Trutha. Search for Truthb. Open Discussion

3 Justice4. Patriotism

a. Love for Country and Loyalty to Itb. Religious and Ethical Commitments

5. Self-esteem6. :ntegrity7. Empathy8. Exemplary Conduct9. Moral Interaction and Ethical Reflection

a. In the Classroomb. Throughout the School

10. Capacity to Recognize Valuesa. Respect for the Family and Other Groupsb. Respect for Propertyc. Reliabilityd. Respect for Law

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PageII. Instruction on the P ghts and Responsibilities

of Citizenship 9A. Legal Rights and Responsibilities of Teachers 9

1. Academic Freedom and Professional Conduct 92. Instruction in Democratic Values and Principles 15

F Laws Relevant to Students 18C. Educational Role and Responsibilities of the School 25

1. Promotion of Knowledge of Constitute --ral Government ... 25a. Characteristics of Constitutional Democracy 25b. Important Elements of Constitutional Democracy 26

2. Provision of Democratic School Environment 30a. Democratic Environment in the Classroom 30b. Democratic Environment Throughout the School 33

HI. Teaching About Religion in the Public Schools 36A. Legal Rights and Responsibilities of School Personnel 36B. Educational Responsibilities of School Personnel 40

1. Teaching About Religion in California 402. Teaching About and Practicing Religion 403. Teaching About and Instructing in Religion 404. School Personnel to Ensure Teaching About Religion 415. Subject Matter 41

a. Religion in America 41b. World Religions 41c. Classical Religious Textsd. Development of Courses 42

6. Guidelines for Teaching About Religion 43a. Need for Factual Accuracy 43b. Need for Empathy 43c. Problem of Oversimplification 43d. Need for Sensitivity 43e. Avoidance of Ridicule and Prejudice 44

IV, Morals, Values, and Teaching About Religion in RecentlyAdopted Curriculum Frameworks 45A. Ethical Issues in the Classroom 45B. HistorySocial Science Framework for California Public

Schools, Kindergarten Through Grade Twelve (1988) 471. Grade One [Civic Values] 472. Grade Two [Role Models] 473. Grade Three [Traiitions, Key Historical Figures,

and Patriotism] 474. Grade Four [California Statehood] 475. Grade Fite [Government in the United States] 47

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6. Grade Six [History of Democratic Government] 48

7. Grade Seven [Civic Responsibiliti. and MajorHistorical Documents] 48

8. Grade Eight [Development of Democratic Institutions] 489. Grade Nine [Participation in Government] 4910. Grade Ten [Democratic Principles, Rights, and Ideals] 4911. Grade Eleven [Constitutional Rights and Issues] 4912. Grade Twelve [Constitutional Philosophy, Civic

Responsibility, and Social Issues] 50

C. EnglishLanguage Arts Framework for California PublicSchools, Kindergarten Through Grade Twelve (1987) 50

1. ?reface [Purpose of the EnglishLanguage ArtsFramework is explained.] 50

2. Emphases of the Framework [Effective programsinclude values.] 50

3. Essential Elements of EnglishLanguage Arts Programs[Core literary works explore cultures and values.] 51

4. Effective Instruction in EnglishLanguage Arts [Effectiveinstruction embodies cultural diversity and importanthuman issues.] 51

5. Exemplary Practices [Values need to be stressed throughall grade levels.] 51

6. Evaluation of EnglishLanguage Arts Instruction[Assessment provides opportunities to involve majorsocial issues, morals, and values.] 52

7. Empowering Ourselves to Implement the Framework[Morals and values in Englishlanguage arts involveeveryone.] 52

8. Standards for the Total Program [Important social issuesethics, and values are integral to a total Englishlanguaparts program.] 53

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STATE OF CALIFORNIA

George Deukmejian, Governor

CALIFORNIA STATE BOARD OF EDUCATION

Francis Laufenberg, PresidesJim C. Robinson, Vice-President

Joseph D. CarrabinoAgnes ChanPerry DykeGloria Horn

Susan OwensKenneth L. PetersDavid T. RomeroArmen Sarafian

Bill HonigSecretary and Executive Officer

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MORAL VALUES AND PUBLIC EDUCATION

A. Legal Responsibilities of School Personnel

Education Code Section 44806 prescribes the duty of teachers con-cerning the instruction of pupils in morals, manners, and citizen-ship as follows:

Each teacher shall endeavor to impress upon the minds of the pupilsthe principles of morality, truth, justice, patriotism, and a true com-prehension of the rights, duties, and dignity of American citizenship,including kindness toward domestic pets and the humane treatmentof living creatures, to teach them to avoid idleness, profanity, andfalsehood, and to instruct them in manners and morals and theprinciples of a free government.

B. Educational Responsibilities of School Personnel1. Morality

a. Fundamental moral values. School personnel must fosterin students an understanding of the moral values that formthe foundation of American society. The American heritageand laws reflect a common core of personal and socialmorality. Habits that reveal a commitment to moral valuesinclude telling the truth, being trustworthy, and respectingthe opinions of others. Moral people affirm the worth anddignity of others in their attitudes and actions. They take

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b

responsibility for their decisions and for the consequencesof those decisions. Moral people also value freedom ofconscience and respect the freedom of conscience of others.They have a capacity for self-evaluation and are willing toadmit error and alter views. Morally committed people holdand express their own moral convictions and beliefs andre-spect the diverse views of other individuals and groups.

b. Respect for differences. individuals and groups differ fromone another. Respect for differences is intrinsic to thehealthy development of a heterogeneous society In a freesociety all persons and groups are to be treated equitably,regardless of ethnic, racial, or religious differences. Lati-tude for genuine disagreement on moral issues and appre-ciation of individual and group differences are part of theAmerican heritage and are important for contemporary so-ciety. Adherence to lawful means for settling disputes ismorally required in our society. Self-criticism and disagree-ment have contributed to the vitality of our nation and haveenabled orderly change to occur, a situation unlike that in atotalitarian society, where attempts are made to controlthought and suppress ideas.

c. Significance of religion. The significance of religion inshaping moral and ethical precepts appeared early inAmerican history when the writers of the Declaration of In-dependence affirmed that "all men are created equal" and"are endowed by their Creator with certain unalienablerights .. .." No single system of religion or morality may beprescribed by government; however, school personnelshould assist students to (1) recognize the sources of moral-ity in history, law, and experience; and (2) appreciate thesignificant contributions of religion, including respect forthe sacredness of Inman life and belief in freedom ofworship. Prominent in the shaping of fundamental moralvalues in our society has been the influence of the Judeo-Christian heritage. This rich and diverse heritage affirms inmany ways that human beings are moral persons respon-sible for their own decisions and behavior and that they areobliged to concern themselves about the well-being of otherpersons and to respect living creatures and the physicalenvironment.

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2. Truth

a. Search for truth. Telling the truth and expecting to be toldthe truth are essential to the development of (1) personalself-esteem and basic friendships; and (2) genuine under-standing of our society, its history, and the democratic pro-cess. A commitment to telling the truth embraces the con-scientious pursuit and scrutiny of evidence. Students mustlearn to respect the processes involved in the search fortruth. They should learn to identify and assess facts; distin-guish substantial from insubstantial evidence; separate theprocess of searching for truth from the acceptance of propa-ganda; and examine in a constructive and unbiased mannercontroversial subjects such as politics, ethics, and religion.School personnel should assist students to develop theirabilities to communicate effectively as they accumulateknowledge and reach conclusions.

b. Open discussion. Free discussion in the classroom on ques-tions of value and morality is fundamental to the search fortruth. This approach is premised on a consideration of theAmerican experience as seen in tradition and law. Opendiscussion requires scrutiny of possible options; it promotesdecision making and problem solving. Students learn thatthey are responsible for their choices, the consequences oftheir choices, and their influence on other persons. Schoolpersonnel should ensure that students have opportunities toinquire, to question, and to exchange ideas. The teachershould provide opportunities for students to try to under-stand conflicting points of view, to deliberate, and to de-velop sensitivity to persons who hold contrary views.

Open discussion is central to instruction on values and mo-rality; it is contrary to indoctrination. Indoctrination is anact or process wherein students are told what to think orbelieve. As used in this handbook, to indoctrinate is todictate; it is to promote a special viewpoint and to refusegenuinely to consider other possible options. To dictate is todismiss opposing views or values without scrutiny andwithout consideration of possible beneficial aspects of theviews or values dismissed. Statements made without regardto facts or made merely to vindicate personal prejudicemust be rejected as alien to the educational process.

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3. Justice

Justice, or fairness in dealing with others, is a hallmark of oursociety. It is premised on a proper regard for oneself and others.The struggle to attain justice is found in American history, par-ticularly in the development of American law. Students shouldrealize that attempts to deal justly with other individuals andgroups must be enlightened by one's own sense of self; empa-thy, a developing capacity to understand cause and effect andthe lessons of history; correct judgment as to right and wrongactions; and the ability to deal critically with one's own mo-tives. Justice, which requires constant attention to the precedingconsiderations, may be only approximated. Nonetheless, oneowes to oneself and to others the obligation to engage in aconstant effort to see that justice is attained. Treating the mem-bers of one's family, one's friends, and other persons with fair-ness in everyday relationships encourages the development of ajust attitude in all human affairs.

4. Patriotism

a. Love for country and loyalty to it. Love of country andloyalty to its purposes are premised on the worth and dig-nity of persons who give their love and loyalty freely.Students should understand the origins of the nation, theprinciples of the Declaration of Independence, and theideals and hopes of the Founding Fathers. They shoulddevelop a respect for the fundamental law of the land,together with a concern for the just enforcement and im-provement of the law. The public school should foster in-formed and dedicated concern for America and its ideals; itshould also enco Irage an understanding of other nationsand other approaches to government throughout history andat the present time. As our forefathers did, we must show a"decent respect for the opinions of mankind."

b. Religious and ethical commitments. Commitment to Amer-ica as viewed hi ,orically or currently is compatible withreligious and ethical commitments. The law recognizes theclaims of conscience and fundamental religious convic-tions. The First Amendment to the Constitution protects thefree exercise of religion; freedom of worship is a distinctpart of the American heritage. Constitutional protection ofreligious belief and practice is one way of ensuring that

persons and groups in the United States can profess and acton their beliefs to the extent that these actions are compat-ible with the rights of others and the law.

5. Self-esteem

School personnel should provide an environment that enhancesa student's self-esteem. Self-esteem, valuing oneself, is a requi-site for making moral decisions and for esteeming other per-sons. Students are responsP:ile for their own judgments andshould be encouraged to express their own views and to re-spond respectfully to the views of others. Self-esteem andesteem for others are based on the intrinsic worth and dignity ofindividuals, not on academic ability or physical prowess. Toridicule a stucient is to undermine his or her self-esteem and toviolate his or her dignity.

IntegritySchool personnel should encourage students to live and speakwith integrity; that is, to be trustworthy. To foster integrity is tohelp build character, to assist students to be honest with them-selver, to promote a wholeness unimpaired by self-deceit, andto encourage the development of reliability in relations withothers. To be trustworthy is to be true to the trust placed in one.Trustworthy people are expected to fulfill their promises; suchpeople attempt to express themselves honestly. Informed andsincere expre..sions should be respected, whether they comefrom teachers or students. To act otherwise is to encouragelying, apathy, and resentment, none of which promotes educa-tion or personal integrity.

7. EmpathyThe golden rule, a rule stating that we should do to others as wewould have others do to us, is an ancient maxim Flared by manypeoples. This simple rule must be paramount in one's dealingswith others. For example, school personnel should demonstratein their lives a capacity to empathize with students; studentslikewise must seek to understand others and to empathize withthem. One who wishes to be heard must be one who listens; onewhu wishes to be treated witn dig..lity and respect must treatothers with dignity and respect.

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8. Exemplary conduct

The attitudes and values of students are shaped by adults whomthey emulate and by school personnel whom they respect. Theattitudes and conduct of all school personnelteachers, coun-selors, administrators, secretaries, and custodianspresentdaily lessons in morality, not the least of which is fairness indealing with antisocial behavior. Good teachers are interestedin and concerned for students. They are enthusiastic about thesubject or subjects they teach, and they present what they knowhonestly and openly. They encourage students to do their bestbut allow for shortcomings. In evaluating the work and activi-ties of students, good teachers use fair standards. They disci-pline evenhandedly, and they reject poor sportsmanship andcheazi, 1 of these attitudes and actions on the part of theteacher . 'Dquent lessons in morality worthy of emulation.

9. Moral interaction and ethical reflection

a. In the classroom. Free discussion of values and situationsinvolving morality is but one part of instruction that fostersmoral interaction and ethical reflection. The total environ-ment of the classroom should be conducive to the promo-tion of learning and the fostering of the student's self-esteem, integrity, and respect for other persons and theirproperty. Important components of this classroom environ-ment are the teacher's attitude and manner of acting, class-room decorum, and the basic rules that guide students'interactions and that protect students against harm.

b. Throughout the school. The entire school should offer anenvironment that fosters moral and ethical interactionamong students and adults. Administrators, counselors, andstaff members are especially important in the establishmentand maintenance of an environment that is conducive tomoral development. Precisely those situations in a schoolday that can present demoralizing and depersonalizing ex-periences for students must be recognized as critical oppor-tunities to encourage moral development and responsibil-ity. School personnel should deal firmly and justly with astudent who imposes a demoralizing, depersonalizing, dan-gerous, or fear-provoking situation on another student.Nevertheless, an administrator or teacher who admonishes

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or punishes a student must be fair to that student. A coun-selor who advises a student should demonstrate an interestin and respect for that student. A secretary who treats astudent with disrespect fails to carry out a moral responsi-bility. The riaicule of students or their views is detrimentalto moral interaction; and sarcasm, prejudiced statements,and unfair discrimination are indefensible.

10. Capacity to recognize values

a. Respect for the family and other groups. School personnelhave the responsibility of helping students to recognize thevalues and moral issues underlying American society. Thefamily and various community groups are basic units insociety; they are fundamental sources of values. In a familyas in other community groups, persons should have anopportunity to test their ideas and to recognize limitationsplaced on their actions in a context of concern and expecta-tion. The family unit offers a foundation for self-esteem,industry, trust, comfort, and affirmation of individualworth. School personnel should realize, however, that vastdifferences exist within and among the basic units of soci-ety. These differences are rooted in religious, cultural, eth-nic, and racial traditions and in social and economic condi-tions.

b. Respect for property. In America respect for property, in-cluding public property, is rooted in the recognition of theworth and dignity of persons, their right to their posses-sions, and their common interests as citizens. Morally, toinjure a person or damage his or her property is to becomeresponsible for the injury or damage; legally, one maybecome liable to compensate for the injury or the damage.Similarly, one is responsible in regard to property held incommon, such as schools, parks, streets, lakes, and forests.All citizens must seek to maintain an environment that isconducive to the common mental and physical well-beingof the citizens. Litter, pollution, and destruction of propertyare detrimental to persons and to society.

c. Reliability. School personnel should help students realizethat the moral and legal fabric of our society depends onone's willingness to tell the truth, to avoid misrepresenta-

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tion and fraud in commercial transactions, and to fulfillone's promises, Students should be made aware of the needto evaluate advertising (on television and elsewhere), com-mercial practices, consumer information, and products.They should be helped to appreciate and to assess the rolesof private and public agencies that have been established topromote honesty in commercial transactions. Studentsshould also be helped to realize that the act of fulfillingone's promises assures others of one's trustworthiness andreliability and that this reliability forms the basis for con-tractual obligations in our society.

d. Respect for law. In America it is morally and legally incum-bent on all to live under the law. School personnel shouldmake clear to students that disagreements that lead to un-lawful conflict will be resolved by authoritative action.Students should be assisted to realize that the criminal lawreflects moral judgments about standards of conduct held tobe enfoiceable by society and that actions in violation ofthis law may be punished. Laws should be obeyed untilthey are changed by lawful means.

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INSTRUCTION ON THE RIGHTS

AND RESPONSIBILITIES

OF CITIZENSHIP

A. Legal Rights and Responsibilities of Teachers

1. Academic freedom and professional conduct

The Policy Manual of the Commission on Teacher Credential-ing sets forth the code of ethics of the teaching profession asfollows:

1040. [Preamble] The educator believes in the worth anddignity of human beings. The educator recognizes the supremeimportance of the pursuit of truth, devotion to excellence, and thenurture of democratic citizenship. The educator regards as essen-tial to these goals the protection of freedom to learn and to teachand the guarantee of equal educational opportunity for all. Theeducator accepts the responsibility to practice the professionaccording to the highest ethical standards. The educator recog-nizes the magnitude of the responsibility being accepted inchoosing a career in education and engages individually and col-lectively with other educators to judge colleagues, and to bejudged by them, in accordance with the provisions of this code.

1041. [Principle I. Commitment to the Student] The educatormem ,s success by the progress of each student toward realiza-tion of potential as a worthy and effective citizen. The educator,

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therefore, works to stimulate the spirit of inquiry, the acquisitionof knowledge and understanding, and the thoughtful formulationof worthy goals. In fulfilling these goals, the educator:

(a) Encourages the student to independent action in the pursuitof learning and provides access to varying points of view.

(b) Prepares the subject carefully, presents it to the studentswithout distortion, andwithin the limits of time and curric-ulum gives all points of view a fair hearing.

(c) Protects the health and safety of students.

(d) Honors the integrity of students and influences them throughconstructive criticism rather than by ridicule and harassment.

(e) Provides for participation in educational programs withoutregard to race, color, creed, national origin, or sexboth inwhat is taught and how it is taught.

(f) Neither solicits nor involves students or their parents inschemes for commercial gain, thereby ensuring that profes-sional relationships with them shall not be used for privateadvantage.

Shall keep in confidence information that has been obtainedin the course of professional service, unless disclosure servesprofessional purposes or is required by law.

(g)

1042. [Principle II. Commitment to the Public] The educatorbelieves that democratic citizenship in its highest form requiresdedication to the principles of our -lemocratic heritage. Theeducator shares with all other citizens the responsibility for thedevelopment of sound public policy and assumes full politicaland citizenship responsibilities. The educator bears particularresponsibility for the development of policy relating to the exten-sion of educational opportunities for all, and for interpretation ofeducational programs and policies to the public. In fulfillingthese goals, the educator:

(a) Has an obligation to support the profession and institutionand not to misrepresent them in public discussion. Whenbeing critical in public, the educator has an obligation not todistort the facts. When speaking or writing about policies, theeducator must take adequate precautions to distinguish theeducator's private views from the official position of theinstitution.

Does not interfere with a colleague's exercise of political andcitizenship rights and responsibilities.

(b)

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(c) Ensures that institutional privileges shall not be used forprivate gain. Does not exploit pupils, their parents, col-leagues, nor the school system itself for private advantage.Does not accept gifts or favors that might impair or appear toimpair professional judgment nor offer any favor, service, orthing of value to obtain special advantage.

1043. [Principle III. Commitment to the Profession] The edu-cator believes that the quality of the services of the educationprofession directly influences the nation and its citizens. Theeducator therefore exerts every effort to raise professional stan-dards to improve service, to promote a climate in which theexercise of professional judgment is encouraged, and to achieveconditions which attract persons worthy of trust to careers ineducation. In fulfilling these goals, the educator:

(a) Accords just and equita: le treatment to all members of theprofession in the exercise of their professional rights andresponsibilities.

(b) Does not use coercive means or promise special treatment inorder to influence professional decisions of colleagues.

(c) Does not misrepresent personal professional qualifications.

(d) Does not misrepresent the professional qualifications of hisor her colleagues and will discuss these qualifications fairlyand accurately when discussion serves professional pur-poses.

(e) Applies for, accepts, offers, and assigns positions of respon-sibility on the basis of professional preparation and legalqualifications.

(1) Uses honest and effective methods of administering his orher educational responsibility. Conducts professional busi-ness through proper channels. Does not assign unauthorizedpersons to educational tasks. Uses time granted for its in-tended purposes. Does not misrepresent conditions of em-ployment. Lives up to the letter and spirit of contracts.

Section 80305 of Title 5 of the California Code of Regulations'sets forth the "Rules of Conduct for Professional Educators" asfollows:

Rule 1. [Application of Rules of Professional Conduct: Purposes,Citation, Definitions]

'Adopted by the State Board of Education on May 13, 1988. Prior to 1988 the California Code of Regulotions was titled California Administrative Code.

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(a) These rules are binding upon every person holding a creden-tial or any license to perform educational services under thejurisdiction of the Commission on Teacher Credentialing,and the consequences of any willful breach may be revoca-tion or suspension of the credential, or license, or private ad-monition of the holder.

(b) Nothing in these rules is intended to limit or supersede anyprovision of law relating to the duties and obligations ofcertificated persons or to the consequences of the violationof such duties and obligations. The prohibition of certainconduct in these rules is not to be interpreted as approval ofconduct not specifically cited.

(c) These rules may be cited and referred to as "Rules of Conductfor Professional Educators."

(d) As III these rules:

(1) "Certificated person" means any person who holds a cer-tificate, permit, credential, or other license authorizingthe performance of teaching or education-related servicein grades K through 12 in the California public schools.

(2) "Professional employment" means the performance forcompensation of teaching or other education-related em-ployment in a position for which certification require-ments are set by law.

(3) "Confidential information" means:

1. Information made confidential by Section 35301 ofthe Education Code; or

2. Information which was provided to the certificatedperson solely for the purpose of facilitating his or herperformance of professional services for or on behalfof the person or employer providing such information.

(e) The Commission shall complete a study of the effect of theserules and present its findings to the Governor, the Legisla-ture, and the State Board of Education no later than Septem-ber 1, 1989.

Rule 2. [Professional Candor and Honesty in Letters or Memo-randa of Employment Recommendation]

(a) A certificated person shall not write or sign any letter ormemorandum which intentionally misrepresents facts, orwhich states as facts matters which the writer does not knowof his or her own knowledge to be true relating to the

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professional qualifications or personal fitness to performcertificated services of any person whom the writer knowswill use the letter or memorandum to obtain professionalemployment; nor shall he or she provide a letter of recom-mendation which misrepresents facts as a condition of resig-nation or for withdrawing action against the employingagency.

(b) This rule has no application to statements identified in theletter or memorandum as personal opinions of the writer.

Rule 3. [Withdrawal from Professional Employment]

(a) A certificated person shall not abandon professional employ-ment without good cause.

(b) "Good cause" includes but is not necessarily limited tocircumstances not caused by or under the voluntary controlof the certificated person.

Rule 4. [Unauthorized Private Gain or Advantage] A certificatedperson shall not:

(a) Use for his or her own private gain or advantage or toprejudice the rights or benefits of another person any confi-dential information relating to students or fellow profession-

(b)

als.

Use for his or her own private gain or advantage the time,facilities, equipment, or supplies which are the property ofhis or her employer without the express or clearly impliedpermission of his or her employer.

(c) Accept any compensation or benefit or thing of value otherthan his or her regular compensation for the performance ofany service which he or she is required to render in the courseand scope of his or her certificated employment. This ruleshall not restrict performance of any overtime or supplemen-tal services at the request of the school employer; nor shall itapply to or restrict the acceptance of gifts or tokens ofminimal value offered and accepted openly from students,parents, or other persons in recognition or appreciation ofservice.

Rule 5. [Performance of Unauthorized Professional Services] Acertificated person shall not, after July 1, 1989:

(a) Knowingly accept an assignment to perform prof'ssionalservices if he or she does not possess a credential authorizingthe service to be performed; unless he or she has first ex-

13

hausted any existing local remedies to correct the situation,has then notified the county superintendent of schools inwriting of the incorrect assignment, and the county superin-tendent of schools has made a determination, within 45 daysof receipt of the notification, that the assignment was causedby extraordinary circumstances which make correction im-possible, pursuant to the procedures referred to in EducationCode Section 44258.9(g)(2) and (3).

(b) Knowingly and willfully assign or require a subordinatecertificated person to perform any professional service whichthe subordinate is not authorized to perform by his or hercredential or which is not approved by appropriate governingboard authorization, unless he or she has made reasonable at-tempts to correct the situation but has been unsuccessful, andhas notified the county superintendent of schools of thoseattempts, and the county superintendent of schools has deter-mined, within 45 days of being notified of the assignment,that the assignment was caused by extraordinary circum-stances which make correction impossible.

(c) Neither (a) nor (b) shall be applicable in a situation whereex-traordinary circumstances make the correction of the misas-signment impossible.

(d) There shall be no adverse action taken against a certificatedperson under this rule for actions attributable to circum-stances beyond his or her control.

Rule 6. [Performance with Impaired Faculties](a) A certificated person shall not:

(1) Perform or attempt to perform any duties or servicesauthorized by his or her credential during any period inwhich he or she knows tl his or her mental or intellec-tual faculties are Elibstantially impaired for any reason,including but not limited to use of alcohol or any con-trolled substance.

(2) Assign or require or permit a subordinate certificatedperson to perform any duties authorized by his or hercredential during any period in which the superior certifi-cated person knows of his or her own knowledge or is inpossession of facts showing that the subordinate certifi-cated person's mental or intellectual faculties are sub-stantially impaired for any reason, including but notlimited to use of alcohol or any controlled substance.

(b) For the purpose of this rule, substantial impairment means avisible inability to perform the usual andcustomary duties of

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the position in a manner that does not represent a danger topupils, employees, or school property. It does not include ormean inability attributable to lack of, or inadequate, profes-sional preparation or education.

Rule 7. [Harassment and Retaliation Prohibited] No certificatedperson shall directly or indirectly use or threaten to use any officialauthority or influence in any manner whatsoever which tends to dis-courage, restrain, interfere with, coerce, or discriminate against anysubordinate or any certificated person who in good faith reports,discloses, divulges, or otherwise brings to the attention of the govern-ing board of a school district, the Commission on Teacher Creden-tialing, or any other public agency authorized to take remedial action,any facts or information relative to actual or suspected violation ofany law regulating the duties of persons serving in the public schoolsystem, including but not limited to these rules of professionalconduct.

Rule 8. [Discrimination Prohibited] A certificated person shall not,without good cause, in the course and scope of his or her certifi-cated employment and solely because of race, color, creed, gender,national origin, handicapping condition, or sexual orientation, refuseor fail to perform certificated services for any person.

2. Instruction in democratic values and principles

The Education Code deals with instruction in democratic valuesand principles as follows:

44806. [Duty Concerning Instruction of Pupils ConcerningMorals, Manners, and Citizenship] Each teacher shall endeavorto impress upon the minds of the pupils the principles of morality,truth, justice, patriotism, and a true comprehension of the rights,duties, and dignity of American citizenship, including kindnesstoward domestic pets and the humane treatment of living crea-tures, to teach them to avoid idleness, profanity, and falsehood,and to instruct them in manners and morals and the principles ofa free government.

51002. [Development of Local Programs Within Guidelines]The Legislature hereby recognizes that, because of the commonneeds and interests of the citizens of this state and the nation,there is a need to establish a common state curriculum for thepublic schools, but that, because of economic, geographic, phys-ical, political, and social diversity, there is a need for the develop-ment of educational programs at the local level, with the guidanceof competent and experienced educators and citizens. Therefore,

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it is the intent of the Legislature to set broad minimum standardsand guidelines for educational programs, and to encourage localdistricts to develop programs that will best fit the needs andinterests of the pupils, pursuant to stated philosophy, goals, andobjectives.

51050. [Enforcement of Courses of Study and Use of Text-books] The governing board of every school district shall en-force in its schools the courses of study and the use of textbooksand other instructional materials prescribed and adopted by theproper authority.

51500. [Prohibited Instruction or Activity] No teacher shallgive instruction nor shall a school district sponsor any activitywhich reflects adversely upon persons because of their race,sex, color, creed, handicap, national origin, or ancestry.

51501. [Prohibited Means of Instruction] No textbook or otherinstructional materials shall be adopted by the State Board or byany governing board for use in the public schools which containsany matter reflecting adversely upon persons because of theirrace, sex, color, creed, handicap, national origin, or ancestry.

41510. [Prohibited Study of Supplemental Materials] Exceptas to textbooks approved by the State Board or a county boardof education, no bulletin, circular, or publication may be used asthe basis of study or recitation or to supplement the regularschool studies if the material contained in the bulletin, circular,or publication has been disapproved by the governing board ofthe school district in which the school is situated.

51530. [Prohibition and Definition (of Communism)] Noteacher giving instruction in any school, or on any propertybelonging to any agencies included in the public school system,shall advocate or teach communism with the intent to indoctri-nate or to inculcate in the mind of any pupil a preference forcommunism.

In prohibiting the advocacy or teaching of communism withthe intent of indoctrinating or inculcating a preference in themind of any pupil for such doctrine, the Legislature does notintend to prevent the teaching of the facts about communism.Rather, the Legislature intends to prevent the advocacy of, orinculcation and indoctrination into, communism as is hereinafterdefined, for the purpose of undermining patriotism for, and thebelief in, the government of the United States and of this state.

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For purposes of this section, communism is a political theorythat the presently existing form of government of the UnitedStates or of this state should be changed, by force, violence, orother unconstitutional means, to a totalitarian dictatorship whichis based on the principles of communism as expounded by Marx,Lenin, and Stalin.

52720. [Daily Performance of Patriotic Exercises in PublicSchools] In every public elementary school each day during theschool year at the beginning of the first regularly scheduled classor activity period at which the majority of the pupils of the schoolnormally begin the schoolday, there shall be conducted appro-priate patriotic exercises. The giving of the Pledge of Allegianceto the Flag of the United States of America shall satisfy the re-quirements of this section.

In every public secondary school there shall be conducteddaily appropriate patriotic exercises. The giving of the Pledge ofAllegiance to the Flag of the United States of America shallsatisfy such requirement. Such patriotic exercises for secondaryschools shall be conducted in accordance with the regulationswhich shall be adopted by the governing board of the districtmaintaining the secondary school.

60044. [Prohibited Instructional Materials] No instructionalmaterials shall be adopted by any governing board for use in theschools which, in its determination, contain:

(a) Any matter reflecting adversely upon persons because oftheir race, color, creed, national origin, ancestry, sex,handicap, or occupation.

(b) Any sectarian or denominational doctrine or propagandacontrary to law.

60650. [Personal Beliefs] No test, questionnaire, survey, orexamination containing any questions about the pupil's personalbeliefs or practices in sex, family life, morality, and religion, orany questions about his parents' or guardians' 2.1iefs and prac-tices in sex, family life, morality, and religion, shall be admini-stered to any pupil in kindergarten or grade one through gradetwelve, inclusive, unless the parent or guardian of the pupil isnotified in writing that such test, questionnaire, survey, or exami-nation is to be administered and the parent or guardian of thepupil gives written permission for the pupil to take such test,questionnaire, survey, or examination.

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B. Laws Relevant to Students

Tin, aucation Code prescribes rules for studentconduct as fol-lows:

44807. [Duty Concerning Conduct of Pupils] Every teacher inthe public schools shall hold pupils to a strict account for theirconduct on the way to and from school, on the playgrounds, orduring recess. A teacher, vice principal, principal, or any othercertificated employee of a school district, shall not be subject tocriminal prosecution or criminal penalties for theexercise, duringthe performance of his or her duties, of the same degree ofphysical control over a pupil that a parent would be legallyprivileged to exercise but which in no event shall exceed theamount of physical control reasonably necessary to maintainorder, protect property, or protect the health and safety of pupils,or to maintain proper and appropriate conditions conducive tolearning. The provisions of this section are in addition to and donot supersede the provisions of Section 49000.

48900. [Grounds for Suspension or Expulsion; LegislativeIntent] A pupil shall not be suspended from school or recom-mended for expulsion unless the superintendent or the principalof the school in which the pupil is enrolled determines that thepupil has:

(a) Caused, attempted to cause, or threatened to cause physi-cal injury to another person.

Possessed, sold, or otherwise furnished any firearm, knife,explosive, or other dangerous object unless, in the case ofpossession of any aject of this type, the pupil had obtainedwritten permission to possess the item from a certificatedschool employee, which is concurred in by the principal orthe designee of the principal.

(c) Unlawfully possessed, used, sold, or otherwise furnished,or been under the influence of, any controlled substancelisted in Chapter 2 (commencing with Section 11053) ofDivision 10 of the Health and Safety Code, an alcoholicbeverage, or an intoxicant of any kind.

(d) Unlawfully offered, arranged, or negotiated to sell anycontrolled substance listed in Chapter 2 (commencing withSection 11053) of Division 10 of the Health and SafetyCode, an 'ilcoholic beverage, ur an intoxicant of any kind,and then either sold, delivered, or otherwise furnished toany person another liquid, substance, or material and repre-sented the liquid, substance, or material as a controlledsubstance, alcoholic beverage, of intoxicant.f) -

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(b)

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(e) Committed or attempted to commit robbery or extortion.

(f) Caused or attempted to cause damage to school property orprivate property.

(g) Stolen or attPnpted to steal school property or privateproperty.

(h) Possessed or usei tolx-r_o, or any products containingtobacco or nicotine products, including, but not limitedto, cigarettes, cigars, miniature cigars, clove cigarettes,smokeless tobacco, snuff, chew packets, and betel. How-ever, this section does not prohibit use or possession by apupil of his or her own prescription products.

(i) Committed an obscene act or engaged in habitual profanityor vulgarity.

(j) Had unlawful possession of, or unlawfully offered, ar-ranged, or negotiated to sell any drug paraphernalia, asdefined in Section 11014.5 of the Health and Safety Code.

(k) Disrupted school activities or otherwise willfully defiedthe valid authority of supervisors, teachers, administrators,school officials, or other school personnel engaged in theperformance of their duties.

(1) Knowingly received stolen school property or privateproperty.

No pupil shall be suspended or expelled for any of the actsenumerated unless that act is related to school activity or schoolattendance. A pupil may be suspended or expelled for acts whichare enumerated in this section and related to school activity orattendance which occur at any time, including, but not limited to,any of the following:

(1) While on school grounds.

(2) While going to or coming from school

(3) During the lunch period whether on or off the campus.

(4) During, or while going to or coming fror a school-spon-sored activity.

It is the intent of the Legislature that alternatives to suspensionsor expulsion be imposed against any pupil who is truant, tardy,or otherwise absent from school activities.

48900.5. [Suspension; Limitation on Imposition; ExceptionlSuspension shall be imposel only when other means of correc-tion fail to bring about propel conduct. However, a pupil, includ-ing an individual with exc. .ional needs, as defined in Section

0 1A.) .

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56026, . :ay be suspended for any of the reasons enumerated inSection 48900 upon a first offense, if the principal or superinten-dent of schools determines that the pupil violated subdivision (a),(b), (c), (d), or (e) of Section 48900 or that the pupil's presencecauses a danger to persons or property or threatens to disrupt theinstructional process.

48901. [Smoking or Use of Tobacco or Tobacco or NicotineProducts Prohibited; Steps to Discourage Smoking]

(a) No school shall permit the smoking or use of tobacco, orany product containing tobacco or nicotine products, bypupils of the school while the pupils are on campus, orwhile attending school-sponsored activities or while underthe supervision and control ofschool district employees.

(b) The governing board of any school district maintaining ahigh school shall t ice all steps it deems practical to dis-courage high school students from smoking.

48902. [Notification of Law Enforcement Authorit,es If Stu-dent Commits Assault with Deadly Weapon or Force Likely toProduce Great Bodily Injury] The principal of a school or theprincipal's designee shall, prior to the suspension or expulsion ofany pupil, notify the appropriate law enforcement authorities ofthe county or city in which the school is situated, of any acts ofthe student which may be violative of Section 245 of the PenalCode.

48905. [Injury or Damage to Person or Property of SchoolDistrict Employee; Willful Misconduct of Pupil; Request forLegal Action by School District] An employee of a school districtwhose person or property is injured or damaged by the willfulmisconduct of a pupil who attends school in such district, whenthe employee or the employee's property is (1) located on prop-erty owned by the district; (2) being transported to or from anactivity sponsored by the district or a school within the district;(3) present at an activity sponsored by such district or school; or(4) otherwise injured or damaged in retaliation for acts lawfullyundertaken by the employee in execution of the employee'sduties, may request the school district to pursue legal actionagainst the pupil who caused the injury or damage, or the pupil'sparent or guardian pursuant to Section 48904.

48907. [Students' Exercise of Free Expression] Students of thepublic schools shall have the right to exercise freedom of speechand of the press including, but not limited to, the use of bulletinboards, the distribution of printed materials or petitions, the

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wearing of buttons, badges, and other insignia, and the right ofexpression in official publications, whether or not such publica-tions or other means of expression are supported financially bythe school or by use of school facilities, except that expressionshall be prohibited which is obscene, libelous, or slanderous.Also prohibited shall be material which so incites students as tocreate a clear and present danger of the commission of unlawfulacts on school premises or the violation of lawful school regula-tions, or the substantial disruption of the orderly operation of theschool.

48908. [Duties of Pupils] All pupils shall comply with theregulations, pursue the required course of study, and submit tothe authority of the teachers of the schools.

48909. [Narcotics or Other Hallucinogenic Drugs] When apetition is requested in juvenile court alleging that a minor ofcompulsory school attendance age or any pupil currently enrolledin a public school in a grade to and including grade 12 is a personusing, selling, or possessing narcotics or other hallucinogenicdrugs or substances, or having inhaled or breathed the fumes of,or ingested any poison classified as such in Section 4160 of theBusiness and Professions Code, the district attorney may, within48 hours, provide written notice to the superintendent of theschool district of attendance, notwithstanding the provisions ofSection 827 of the Welfare and Institutions Code, and to thepupil's parent or guardian.

48910. [Suspension by Teacher; Reports; Conferences; Refer-rals]

(a) A teacher may suspend any pupil from the teacher's class,for any of the acts enumerated in Section 48900, for theday of the suspension and the day following. The teachershall immediately report the suspension to the principal ofthe school and send the pupil to the principal or theprincipal's designee for appropriate action. If that actionrequires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, asdefined in policies and related regulations adopted by thegoverning board of the school district. As soon as pos-sible, the teacher shall ask the parent or guardian of thepupil to attend a parent-teacher conference regarding thesuspension. Whenever practicable, a school counselor or aschool psychologist shall attend the conference. A schooladministrator shall attend the conference if the teacher orthe parent or guardian so requests. The pupil shall not be

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returned to the class from which he or she was suspended,during the period of the suspension, without the concur-rence of the teacher of the class and the principal.

(b) A pupil suspended from a class shall not be placed inanother regular class during the period of suspension.However, if the pupil is assigned to more than one class perday, this subdivision shall apply only to other regularclasses scheduled at the same time as the class from whichthe pupil was suspended.

(c) A teacher may also refer a pupil, for any of the acts enu-merated in Section 48900, to the principal or the principal'sdesignee for consideration of a suspension from school.

48911. [Suspension by Principal, Principal's Designee, or Su-perintendent]

(a) The principal of the school, the principal's designee, or thesuperintendent of schools may suspend a pupil from theschool for any of the reasons enumerated in Section 48900,and pursuant to Section 48900.5, for no more than fiveconsecutive schooldays.

(b) Suspension by the principal, the principal's designee, orthe superintendent shall be preceded by an informal confer-ence conducted by the principal or the principal's designeeor the superintendent of schools between the pupil and,whenever practicable, the teacher or supervisor or schoolemployee who referred the pupil to the principal or theprimipal's designee or the superintendent of schools. Atthe conference the pupil shall be informed of the reason forthe disciplinary action and the evidence against him or herand shall be given the opportunity to present his or herversion and evidence in his or her defense.

(c) A principal or the principal's designee or the superinten-dent of schools may suspend a pupil without affording thepupil a.; opportunity for a conference only if the principalor the principal's designee or the superintendent ofschoolsdetermines that an emergency situation exists. "Emer-gency situation," as used in this article, means a situationdetermined by the principal, the principal's designee, orthe superintendent to constitute a clear and present dangerto the lives, safety, or health of pupils or school personnel.If a pupil is suspended without a conference prior tosuspension, both the parent and the pupil shall be notifiedof the pupil's right to a conference, and the pupil's right to

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return to school for the purpose of a conference. Theconference shall be held within two schooldays, unless thepupil waives this right or is physically unable to attend forany reason, including, but not limited to, incarceration orhospitalization. The conference shall then be held as soonas the pupil is physically able to return to school for theconference.

(d) At the time of suspension, a school employee shall make areasonable effort to contact the pupil's parent or guardianin person or by telephone. Whenever a pupil is suspendedfrom school, the parent or guardian shall be notified inwriting of the suspension.

(e) A school employee shall report the suspension of the pupil,including the cause therefor, to the governing board of theschool district or to the district superintendent in accor-dance with the regulations of the governing board.

(f) The parent or guardian of any pupil shall respond withoutdelay to any request from school officials to attend a con-ference regarding his or her child's behavior.No penalties may be imposed on a pupil for failure of thepupil's parent or guardian to attend a conference withschool officials. Reinstatement of dm suspended pupilshall not be contingent upon attendance by the pupil'sparent or guardian at such conference.

In a case where expulsion from any school or suspensionfor the balance of the semester from continuation school isbeing processed by the governing board, the school districtsuperintendent or other person designated by the superin-tendent in writing may extend the suspension until suchtime as the governing board has rendered a decision in theaction. However, an extension may be granted only if thesuperintendent or the superintendent's designee has deter-mined, following a meeting in which the pupil and thepupil's parent or guardian are invited to participate, that thepresence of the pupil at the school or in an alternativeschool placement would cause a danger to persons orproperty or a threat of disrupting the instructional process.If the pupil or the pupil's parent or guardian has re-quested a meeting to challenge the original suspensionpursuant to Section 48914, the purpose of the meeting shallbe to decide upon the extension of the suspension orderunder this section and may be held in conjunction with theinitial meeting on the merits of the suspension.

(g)

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(h) For the purposes of this section, a "principal's designee" isany one or more administrators at the school site specifi-cally designated by the principal, in writing, to assist withdisciplinary procedures.

In the event that there is not an administrator in addition tothe principal at the school site, a certificated person at theschool site may be specifically designated by the principal,in writing, as a "principal's designee," to assist with disci-plinary procedures. The principal may designate only onesuch person at a time as the principal's primary designeefor the school year.

An additional person meeting the requirements of this sub-division may be designated by the principal, in writing, toact for the purposes of this article when both the principaland the principal's primary designee are absent from theschool site. The name of the person, and the names of anyperson or persons designated as "principal's designee,"shall be on file in the principal's office.

48930. [Purpose and Privileges of Student Body Organization]Any group of students may organize a student body associationwithin the public schools with the approval and subject to thecontrol and regulation of the governing board of the schooldistrict. Any such organization shall have as its purpose theconduct of activities on behalf of the students approved by theschool authorities and not in conflict with the authority and re-sponsibility of the public school officials. Any student bodyorganization may be granted the use of school premises andproperties without charge subject to such regulations as may beestablished by the governing board of the school district.

49000. [Legislative Finding and Declaration (Regarding Cor-poral Punishmem)] The Legislature finds and declares that theprotection against corporal punishment, which extends to othercitizens in other walks of life, should include children while theyare under the control of the public schools. Children of schoolage are at the most vulnerable and impressionable period of theirlives and it is wholly reasonable that the safeguards to theintegrity and sanctity of their bodies should be, at this tender age,at least equal to that afforded to other citizens.

49001. [Prohibition of Corporal Punishment of Pupils]

(a) For the purposes of this section "corporal punishment"means the willful infliction of, or willfully causing theinfliction of, physical pain on a pupil. An amount of force

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that is reasonable and necessary for a person employed byor engaged in ii public school to quell a disturbance threat-ening physical injury to person s or damage to property, forpurposes of self-defense, or to obtain possession of weap-ons or other dangerous objects within the control of thepupil, is not and shall not be construed to be corporalpunishment within the meaning and intent of this section.Physical pain or discomfort caused by athletic competitionor other such recreational activity, voluntarily engaged inby the pupil, is not and shall not be construed to be corporalpunishment within the meaning and intent of this section.

(b) No person employed by or engaged in a public school shallinflict, or cause to be inflicted, corporal punishment upon apupil. Every resolution, bylaw, rule, ordinance, or other actor authority permitting or authorizing the infliction ofcorporal punishment upon a pupil attending a public schoolis void and unenforceable.

C. Educational Role and Responsibilities of the School1. Promotion of knowledge of constitutional government

a. Characteristics of constitutional democracy. By the use of awritten constitution and the separation of powers, a con-stitutional democracy provides for the responsible use ofpower. This type of government assumes that the law canchange to meet the needs of a changing society but that thebasic structure and processes of government, tested by time,should be changed only after careful scrutiny. Changeshould occur only to enhance, not restrict, the fundamentalpurpose of freedom for all citizens under the law. Becausethis system of government is complex, the careful study ofits processes rather than its form alone is essential for anaccurate understanding of its worth. Constitutional govern-ment relies for its success on the participation of a largenumber of enlightened and mature citizens, responsiblepolitical leadership, a responsible opposition, and openprocesses that allow groups and individuals to exercise theirinfluence and to state their views freely. Such a governmentis both limited and open. It is responsive to change but restson stable social and political foundations. Constitutionalgovernment encourages and thrives on individual and groupdiversity, at the same time requiring self-restraint and adher-ence to the processes that allow diversity to thrive.

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The process of problem solving and decision making in aconstitutional democracy differs from the process followedin totalitarian systems of government. Instead of the dicta-tion of policy by a single authority or a self-chosen group ofsuperiors, which is the practice of totalitarian regimes, con-stitutional democracy requires popular consent in electionsand decisions by a variety of persons in various branches andat various levels of government. In a constitutional democ-racy great value is placed on equal rights and fair proce-dures. Students should understand the processes, the prin-ciples of freedom and diversity, and the complexity that arehallmarks of constitutional government. Students shouldespecially understand that, as in any other political system,constitutional government never attains its ideals perfectly.Due process of law, freedom of speech, protection ofprop-erty rights, and rational consent by open-minded voters infree elections are only approximated. The success of theconstitutional system can be gauged only by estimatingcarefully whether the system is moving away from or to-ward the realization of its ideals.

b. Important elements of constitutional democracy. Elementsimportant to the vitality of a constitutional democracy arethe following:(1) Rule of law (U.S. Constitution). The rule of law is a

means of settling disputes between government andcitizen and among citizens without resort to violence. Itsubstitutes peaceful, predictable, and stable means forunpredictable, pou..iitially disruptive alternatives forenforcing rules and adjudicating differences; that is, theuse of arbitrary and self-determined force. The rule oflaw is expressed in the Constitution, statutes, and thedecisions of an independent judiciary. The rule of lawmakes certain that consistent procedures are followedin society's quest for just solutions to disputes, conflict-ing claims, and enforcement of the rules of a demo-cratic system of government. That wrongs will bepunished lawfully is assumed. What is also assumed isthat the application of the law will be obeyed while theright to seek to change the law remains undiminished.

(2) Due process of law (U.S. Constitution, amendmentsIV, V, VI, and XIV). Due process of law is the open and

consistent application of procedures guaranteeing thatpersons will be treated fairly when confronted by per-sons in authority. Due process prohibits harassment orphysical abuse by those in authority, and it requiresrestraint by those who administer the law. People havethe right to be informed explicitly of the charges madeagainst them and to be given notice and a fair hearing.Evidence must be gathered by lawful means and mustbe sufficiently persuasive to establish guilt. Accusersmust be present to support the charges against theaccused, who together with counsel has by right the op-portunity to cross-examine the accusers and to respondto the charges. People cannot be compelled to be wit-nesses against themselves; their statements must beexamined for signs of coercion. Once a jury of fellowcitizens u a judge has determined a person's inno-cence, that person cannot be subjected to a continuingseries of trials. If there is a reasonable doubt about aperson's guilt, he or she must go free. Due process isrooted in a respect for the fundamental dignity of eachperson and the realization that respect for the '.aw isassured only when it is administered fairly.

(3) Representation and consent of the governed (U.S.Constitution, articles I and II; amendments I, XIV, XV,XIX, and XXVI). Every citizen has a constitutionalright to participate in and be represented in the formu-lation and change of public policies. Voting in electionsis only one mode of participation. Citizens communi-cate their views by (a) petitioning the government; or(b) exercising influence in lawful ways, including asso-ciation with political parties and organized groups.Government officials have the duty to listen to diverseviews. The consent of the governed does not requireagreement with every policy and act of public officials.In the most fundamental sense, consent signifiesagreement on the basic principles and processes ofgovernment; on the grant of authority, through theelectoral process, for the people's representatives togovern; and on the protection of the right of those whodisagree to attempt to change policy by constitutionalmeans.

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(4) Freedom of expression (U.S. Constitution, amend-ments I and XIV). The right to express one's views,whether political, ethical, artistic, or other, is a basicconstitutional guarantee. Also basic is the right to re-ceive the views expressed by others and to engage incontroversy while respecting the right of others toexpress their views. Limitations on freedom of expres-sion are recognized in all free societies, but the reasonsfor limitation must be compelling. Permis'iible limita-tions exist on the time, place, and manner of expressionand communication (as found, for example, in casesdealing with libel, slander, obscenity, and fraud). Limi-tation is also required when a purpose exists to incite toviolence or other unlawful activity. The benefits of freeexpression accrue to each person who is communicat-ing his or her views to others, to those who listen, and togovernment itself. Individuals who speak in the publicforum are exercising a valued personal right, the rightto project their voices to others in admonition, praise,appreciation, or disapproval. Those who listen maylearn as they do so; and those in government benefitbecause debate, criticism, and the challenge of ideasmay ferret out inefficiency and dishonesty and encour-age responsiveness to public wishes.

(5) Freedom of conscience (U.S. Constitution, amend-ments I and XIV). The right to hold beliefs of any kind,whether religious, ethical, or political, is another basicconstitutional right. Although persons may be per-suaded or convinced to change their beliefs, they maynot be coerced either to believe a certain thing or tosurrender their beliefs. The constitutional guarantee offreedom of conscience ensures that one can participatein government and society by making his or her con-science known. A person may associate with groupsthat share his or her beliefs or refuse to participate whenrefusal is within the law or when the actions of thegroup are contrary to the individual's conscientiouslyheld beliefs. Freedom of conscience is associated his-torically with freedom to adopt one's own religious orethical beliefs and to practice them free from coercion.The centrality of the concept of conscience to human

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dignity accounts for its vitality as a force in the growthof other freedoms.

(6) Equality (U.S. Constitution, Article V; amendments I,XIV, XV, and XIX). Implicit in the idea of equality isthe equal claim of each person to the right to develop hisor her potential as a human being free from arbitrarydistinctions and unfair discrimination. Each person hasthe right to participate equally in government and to betreated by those in authority without bias and restrictionbecause of race, religion, sex, ethnic origin, or national-ity. These factors should not be determinative in mak-ing decisions if equal protection is to be achieved. Thelaw must be applied equally to all persons. Although in-dividual differences exist that society must recognize,estimates of a person's worth must not be based onracial, religious, or ethnic grounds. Among the rightsprotected by law are equal opportunities for employ-ment; the right not to be discriminated against in hous-ing and public accommodations; equal protection ofvoting rights; and fair treatment before the law.

(7) Right to property and privacy (U.S. Constitution,amendments V, VI, XI, and XIV). People have the rightto acquire possessions of their own, including livingspace. The Constitution guarantees that possessionsand domiciles will be free from seizure or invasion bygovernment except for lawful purposes. The right toacquire property is something more than the idle accu-mulation of material goods; it implies the application ofskill and energy and concern for the surrounding envi-ronment in the process of acquisition. The right isassociated with the benefits of having around oneselfthe means for fulfilling one's constructive potential asa human being and for enhancing one's sense of indi-viduality while providing for the good of others.Whether aided or not by the acquisition of property,privacy signifies freedom from unwanted intrusion sothat opportunities are provided for thought, individualexpression, and repose.

(8) Respect for diversity (U.S. Constitution, amendmentsI, XIV, and XIX). Respect for diversity entails an ap-

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preciation of the benefit to the individual, the govern-ment, and society as a whole where a wide variety ofpublic and private voices, interests, and views are pres-ent. Cultural diversity can enrich the lives of thoseliving in groups and those sharing common views byencouraging group identity. Such diversityenriches thelives of others because it can broaden their horizons andbuild respect for variety in a free society. Culturaldiversity also limits pressures for conformity and thedominance of one group in government. A variety ofsources of influence ensures that many ideas, view-points, and interests are brought to bear on the formula-tion of public policy. Cultural diversity assumes ashared recognition of and respect for the underlyingprocesses of constitutional government and demo-cratic rules that themselves ensure that diversity canflourish and be expressed.

(9) Right to oppose (U.S. Constitution, articles I, II, andIII; amendments I and XIV). The right to oppose is theright to express oneself in a lawful manner as an indi-vidual or as a member of a group. The right is reflectedin the tripartite form of the federal government; thefunctions of each branch and level of government aredivided so that power is not unduly concentrated. Thecritical role of the opposition in constitutional govern-ment is to monitor those in office, thus encouraging inthem alertness to diverse views and holding them re-sponsible for fairness, efficiency, and honesty. Those inopposition may lawfully seek power in governmentand, if successful, they may be opposed by those whomthey succeed. Where organized opposition to those inpower is forbidden, political absolutism can emerge,governmental efficiency suffers, and individual viewscannot be expressed effectively.

2. Provision of democratic school environmenta. Democratic environment in the classroom. The classroom

teacher should work together with the students to providea democratic environment for learning. Suggested ap-proaches include the following:

(1) Critical inquiry. The teacher should encourage criticalinquiry and thoughtful judgment about the facts, val-ues, principles, and processes of constitutional democ-racy. Students should develop the ability to gather,evaluate, interpret, communicate, and apply knowl-edge of governmental processes, both historical andcontemporary, that have meaning for their lives and thelives of others. They should develop their abilities todistinguish critically between truth and the appearanceof truth in political life. While becoming aware thatpolitical practice may fall short of ideals, studentsshould consider carefully the democratic means bywhich those ideals may more nearly become approxi-mated. The formal description of government shouldbe secondary to observation of and learning aboutpolitical processes and ideals in action. Indoctrination,the imposition of a partisan or biased viewpoint, is to beavoided; objective discussion of the values of oursociety in which critical inquiry can take place freely isto be encouraged. When appropriate, consideration ofsuch matters as the pursuit of truth and value in politicallife should be placed in a setting in which the Americansystem of government is compared with the systems ofother nations so that students can view the Americansystem in a world setting.

(2) Free expression. Students should learn how free ex-pression benefits the individual citizen and society.They should also learn to perceive the damage to indi-viduals and society of ridicule, personal invective, in-temperance of language and behavior, and expressionsof prejudice based on value differences, religion, race,or nationality. Freedom of expression is not freedom todisrupt; it is the right to develop and communicateideas and beliefs with vigor, commitment, and an openmind. But attention must always be paid to the persua-siveii,...ss of one's arguments. Just as a chairperson at ameeting, the teacher should direct the flow of debateand discussion and maintain and duffy vies of order,but he or she should not suppress students' views orimpede the efforts of students to learn to express their

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views. To learn democratic processes and to developpersonal growth, students should be encouraged toexpress themselves freely in the classroom. Develop-ment of the ability to communicate effectively is part oflearning. In accord with democratic values, each stu-dent should respect the rights of others when he or sheexpresses views and should recognize the right ofothers to express their views.

(3) Fair application of rules. Fairness in the application ofrules is the beginning of respect for the law. Studentsshould understand the reasons for the existence ofrules; that is, rules exist to protect the students' ownrights and the rights of others and to promote learning.Students should learn to appreciate more fully the needfor fair rules in society at large. When appropriate,students should participate in making classroom rulesas an exercise in free government. The rules governingbehavior in the classroom should be stated clearly bythe teacher. The rules should be applied consistently,predictably, and fairly. The reasonableness of the rulesand the democratic means of changing and adjustingthem should be discussed openly. When there is an in-fraction of a rule, those in charge should be certain thatthe infraction took place, that the student involved is atfault, and that all aspects of the situation, includingmotive, are taken into account.

(4) Property and privacy. Teachers and students shoulddiscuss property and privacy as they relate to humandignity and individuality. Students should study thepersonal and constitutional implications of freedomfrom unwarranted intrusion on their right and the rightof others to own property and to enjoy repose withoutinterference. They should become aware of the variousways of acquiring property honestly and using it re-sponsibly. They should also be aware that the develop-ment of personal skill and the responsible use of one'senergy is in itself a possession essential to self-esteemand constructive participation in society. The destruc-tion of personal or public property by, for example,theft and vandalism should be presented in relation to

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personal and public consequences; that is, personaleconomic loss, waste, and the serious undermining ofpersonal and community security and well-being.

(5) Participation. Participation is present in students' de-liberations on rules and values, in their expressions ofideas and views, and in the act of learning itself. Whenprofessional judgment does not indicate otherwise,students should be encouraged to participate in the se-lection of learning activities and the introduction ofmaterials and projects. In this way they are given ameaningful part in formulating class policy. The ra-tionale for the policies adopted should be made clear tothe students.

b. Democratic environment throughout the school. Suggestedapproaches to providing a democratic environment through-out the school include the following:

(1) School environment. Provided that the ultimate respon-sibility of the school district governing board and theschool administrators for the conduct of school affairsis recognized, the structures and activities of theschools should incorporate constitutional principlesand democratic processes. Al: school personnel, notjust classroom teachers, should cultivate fair and openprocedures and democratic learning. Their own atti-tudes and behavior, empathy with students, fair stan-dards of evaluation, and calm and judicious admini-stration of discipline may be more eloquent lessons indemocratic living than any number of oral or writtenexercises can provide. Correspondingly, the studenthas a responsibility to make a conscientious effort tounderstand the obligations of school personnel.

(2) Fair and open enforcement of rules. School rulesshould be stated clearly and applied consistently andequitably. The rules should be disseminated carefully,and every effort should be made to ensure that therationale for the rules is understood. If a rule isbreached, evidence of the infraction should be gatheredcarefully. Allowance should, however, be made forerrors in perception by the one who observed the

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(3)

behavior in question. Accused pupils should be givennotice and be informed of any charges against them.They should be allowed to respond and present theirown evidence. Students should not be harassed. Ifsanctions are forthcoming, school personnel shouldavoid bias or the appearance of bias. Sanctions shouldbe applied equally in like situations, and they should beappropriate to the offense. Equally, students should un-derstand that they are responsible for their conduct andthat they should not interfere with the person, property,or educational rights of others.

Representation and participation. Students should begiven the right to elect a representative student govern-ment and to have access to school authorities by otherlawful means, such as petition. Participation in schoolgovernment should increase as students move upwardthrough the grades. Although student government,properly designed, should be the principal mode ofrepresentation, various other authorized groups shouldbe encouraged. In no case, however, may membershipbe restricted on grounds of race, religion, or national-ity. Student government should be designed for re-sponsive and diverse representation. When appropri-ate, student representatives should be involved in theconsideration of matters that affect their education andtheir lives in the school setting. Student representa-tives should be asked to represent the views of studentsin meetings with administrators and teachers whenmatters do not fall directly within the boundaries ofprofessional expertise.

(4) Free expression. Free expression in the school at largecontributes as much to learning about democratic pro-cesses as does classroom activity. The canons of cour-tesy and self-restraint expected in the classroom shouldgovern expression outside the classroom. The rights ofothers should be respected, and disruption of schoo'programs should be prohibited. Deeply held viewsshould not, however, be disregarded or inhibited bythose in authority. So that the exchange of ideas andthe exercise of rational persuasion can be encouraged,

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settings should be provided where matters that are notrestricted to school affairs can be discussed openly.Time and place should be regulated, and the right of allto express themselves should be assured. Rules againstlibel, slander, expressions of racial prejudice, obscen-ity, and incitement to unlawful activity or disruption ofschool activities should govern. In all instances therationale for the restrictions should be made clear tothe students.

TEACHING ABOUT RELIGIONIN THE PUBLIC SCHOOLS

A. Legal Rights and Responsibilities of School PersonnelThe First Amendment to the United States Constitution states that"Congress shall make no law respecting an establishment of reli-gion, or prohibiting the free exercise thereof. . . ." In AbingtonSchool District v. Schempp, U.S. Supreme Court Justice Clarkdelivered the majority opinion. Justices Brennan and Goldbergwrote concurring opinions. Justice Clark (on opposition or hostilityto religion; the study of comparative religion and the history ofreligion; and the study of the Bible and religion) stated the follow-ing:

... Of course ... the state may not establish a "religion of secularism"in the sense of affirmative opposing or showing hostility to religion,thus "preferring those who believe in no religion over those who dobelieve" (Zorach v. Clauson). . . . In addition, it might well be saidthat one's education is not complete without a study of comparativereligion or the history of religion and its relationship to the advance-ment of civilization. It certainly may be said that the Bible is worthyof study for its literary and historic qualities. Nothing that we havesaid here indicates that such study of the Bible or of religion, whenpresented objectively as part of a secular program of education, maynot be effected consistent with the First Amendment.

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Justice Brennan (on teaching about the Bible; about the differencesbetween religious sects; about religion and the social sciences; andabout religion and the humanities) wrote as follows:

The holding of the Court today plainly does not foreclose teachingabout the Holy Scriptures or about the differences between religioussects in classes of literature or history. Indeed, whether or not theBible is involved, it would be impossible to teach meaningfullymany subjects in the social sciences or the humanities without somemention of religion. To what extent, and at what points in thecurriculum, religious materials should be cited are matters whichthe courts ought to entrust very largely to the experienced officialswho superintend our nation's public schools. They are experts insuch matters, and we are not.

Tustice Goldberg (on passive or active hostility to religion andreligious teachings; on legal, political, and personal values; and onteaching about religion) stated the following:

It is said, and I agree, that the attitude of the state toward religionmust be one of neutrality. But untutored devotion to the concept ofneutrality can lead to invocation or approval of results which partakenot simply of that noninterferenze and noninvolvement with thereligious which the Constitution commands, but of a brooding andpervasive devotion to the secular and a passive, or even active,hostility to the religious. Such results are not only not compelled bythe Constitution, but, it seems to me, are prohibited by it.

Neither the state nor this Court can or should ignore the significanceof the fact that a vast portion of our people believe in and worshipGod and that many of our legal, political, and personal values derivehistorically from religious teachings. Government must inevitablytake cognizance of the existence of religion and, indeed, undercertain circumstances the First Amendment may require that it do so.And it seems clear to me from the opinions in the present and pastcases that the Court would recognize the propriety of providingmilitary chaplains and of the teaching about religion, as distin-guished from the teaching of religion, in the public schools.

Article I, Section 4, of the Constitution of the State of Californiadeals with teaching about religion in the public schools and reads,in part, as follows:

The free exerch, and enjoyment of religious profession and worship,without discrimination or preference, shall forever be guaranteed inthis state.

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Article IX, Section 8, of the California Constitution reads as fol-lows:

No public money shall ever be appropriated for the support of anysectarian or denominational school, or any school not under theexclusive control of the officers of the public schools; nor shall anysectarian or denominational doctrine be taught, or instruction thereonbe permitted, directly or indirectly, in any of the common schools ofthis state.

The Education Code regulates the teaching about religion in Cali-fornia public schools as follows:

46014. [Regulations Regarding Absences for Religious Purposes]Pupils, with the written consent of their parents or guardians, may beexcused from school in order to participate in religious exercises orto receive moral and religious instruction at their respective places ofworship or at other suitable place or places away from schoolproperty designated by the religious group, churc , or denomina-tion, which shall be in addition and supplementary to the instructionin manners and morals required elsewhere in this code. Such absenceshall not be deemed absence in computing average daily attendance,if all of the following conditions are complied with:

(a) The governing board of the district of attendance, in its discre-tion, shall first adopt a resolution permituiig pupils to be absentfrom school for such exercises or instruction.

(b) The governing board shall adopt regulations governing the at-tendance of pupils at such exercises or instruction and thereporting thereof.

(c) Each pupil so excused shall attend school at least the minimumschool day for his or her grade for elementary schools, and asprovided by the relevant provisions of the rules and regulationsof the State Board of Education for secondary schools.

(d) No pupil shall be excused from school for such purpose onmore than four days per school month.

It is hereby declared to be the intent of the Legislature that thissection shall be permr;sive only.

51511. [Religious Matters Properly Included in Courses of Study]Nothing in this code shall be construed to prevent, or exclude fromthe public schools, references to religion or references to or the useof religious literature, art, or music or other things having a religioussignificance when such references or uses do not constitute instruc-tion in religious principles or aid to any religious sect, church, creed,or sectarian purpose and when such references or uses are incidentalto or illustrative of matters properly included in the course of study.

Opinion 53-266 (June 10, 1955) from the Office of the AttorneyGeneral of California states that readings from recognized versionsof the Bible may not be read in schools for religious purposes,although the Bible may be used for reference, historical, or othernonreligious purposes. The opinion reads, in part, as follows:

Although direct instruction in religious principles mki not be givenin the public schools, it does not follow that every reference toanything religious is prohibited. A course in the history of Californiawhich did not describe the early Catholic missions is unthinkable;Father Juniper Serra is justly regarded as one of the great figures inour history and in fact his statue is one of two representing Californiain the Hall of Fame at the nation's capitol. A high school course inEuropean history could not properly omit reference to the greatreligious controversies of the middle ages, such as the struggle overlay investiture; and such a course would also devote substantial timeto a study of the Protestant Reformation. Instruction concerning theConstitution would similarly involve study of the history of thestruggle for religious freedom in colonial times. Religious subjectshave many times been used in art and music; Da Vinci's Last Supper,Michelangelo's Moses, the Winged Victory of Samothrace, an In-dian Totem Poleall have religions significance, and yet all areappropriate for study in a public school class on art. The playing ofpassages from Beethoven's Missa Solemnis in a music class wouldnot violate constitutional restrictions any more than would the play-ing of Wagner's The Valkyrie.

Even the Bible itself need not be excluded. It has exerted; and stillexerts, a great influence on English and American literature. Notonly may it be discussed in a general way in an appropriate literatureclass, but specific passages, because of their eloquence or poeticbeauty, may be used for special study, such as the Song of Ruth orPaul's great tribute to Charity.

No doubt the indirect use of religious subjects in classes in art,music, literature, and history could be carried to extremes whichwould offend constitutional guarantees. Properly presented, how-ever, such materials need not involve the promotion of religion.Use of the Bible in the public schools may be proper even thoughpublic school use of the Bible for religious purposes is prohibited byour constitutions.

Opinion 59-296 (March 7, 1960) from the Office of the AttorneyGeneral of California states that books may be purchased withoutregard to sectarian or denominational character and that books of asectarian or denominational character are not to be used for advo-

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eating the precepts of a specific religion or sect. The opinion reads,in part, as follows:

Although the subject matter of books purchased for school librariesis not reviewable on the ground that the books are or are not sectarianor denominational in character, every caution should be exercised tomake certain that books of sectarian or denominational character arenot used as a basis for advocating or teaching the precepts of aspecific religion or sect. Care is also indicated to prevent books ofsectarian or denominational character from constituting an inordi-nate percent of the total library and thus altering the very character ofthe library itself.

B. Educational Responsibilities of School Personnel1. Teaching about religion in California

The California State Board of Education stated in 1963 that"our schools should have no hesitancy in teaching about reli-gion. We urge our teachers to make clear the contributions ofreligion to our civilization. . . ."

2. Teaching about and practicing religion

A legal and logical distinction exists between teaching aboutreligion and practicing religion. Public schools may not sponsorthe practice of religion; but it is legally permissible and educa-tionally responsible to ensure that study about religion is car-ried on in the public schools.

3. Teaching about and instructing in religion

To teach about religion is not Lo instruct in religion. Teachingabout religion embraces the study of various religions; appre-ciation of the nature and variety of religious experience histori-cally and currently; information on past and present sources,views, and behavior of religious persons or groups; and theinfluence of religion on cultures and civilizations. Instruction inreligion, by contrast, is to seek acceptance of and commitmentto a particular religion, including a nonreligion, such as secular-ism. Freedom to instruct in religion is a treasured part of theAmerican heritage. Instruction is carried out in the home and inthe churches. Although instruction in religion may help a per-son to achieve a deeply meaningful life, it is prohibited in thepublic schools. Teaching about religion is not, however, pro-hibited. The only commitment intrinsic to teaching about reli-

4L40

gion is a commitment to learn, to study, to seek to understand,and to communicate. To learn about religion is to understandreligious views and values, to recognize the immense impor-tance of religion to the American hentage, and to realize thatreligion continues to permeate both Western and Eastern cul-tures.

4. School personnel to ensure teaching about religion

School authorities should see that students are taught aboutreligion and that teachers are adequately prepared to teach it.Teaching about religion can takt place in an entirely separatecourse, in an appropriate part of another course, or in an enrich-ment program. School personnel are obliged to help studentsdevelop an informal understanding and appreciation of the roleof religion in the lives of Americans and the people of othernations. Teachers should seek to encourage students to becomeaware of their richly diverse and complex religious traditionsand to examine new forms of religious expression and insight.

5. Subject matter

The subject matter areas mentioned here are only suggested; thelist is in no sense exhaustive.

a. Religion in America. Study about religion in America isfundamental to understanding and appreciating the Ameri-can heritage. America is a land of many races, cultures,languages, and religions. Students should learn about thecontributions of religion to America. They should studyabout principal religious figures, groups, issues, and trends;fundamental beliefs contributing to the growth of democ-racy and the democratic process; the background of theFirst Amendment to the U.S. Constitution; the problem ofreligious persecution; and the value of religious freedom.They should recognize and seek to understand the diversityof religious expressions that have helped to shape thiscountry; they should appreciate problems of conscience inrelation to historical and contemporary issues of religiousfreedom; and they should become aware of the historical,cultural, and social conditions that contribute to religiouspluralism and diversity.

b. World religions. An educational imperative is to seek tounderstand ourselves, others, and the world. Religion has

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been a decisive factor in the development of civilizations.Students should comprehend the religious ideas that havehelped to shape Western and Eastern cultures and civiliza-tions; they should become aware of the influence of religionon life-styles (work, prayer, devotion, ritual, worship,meditation) and on the development of ideas. The teachershould assist students to understand religious views that canbe quite unfamiliar in the United States. Care should betaken, however, to avoid emphasizing unusual religions orreligious practices so that respect for religion will not beundermined. Of importance in Western religious thoughtand practice are the various formative periods of Westerncivilization. To become educated in Western religiousthought and practice, students should be exposed to themajor religious heritages of Judaism, Christianity, and Is-lam. Similarly, students should study the major Asian reli-gions.

c. Classical religious texts. The study of representative por-tions of the classical sources of major religious traditions isappropriate in public education. These religious documentshave contributed to the major cultures, to the personal livesof countless persons, and to self-understanding. A knowl-edge of biblical literature, for example, is necessary tounderstand Western literature, history, and the values un-derlying the United States and many of its laws. In accordwith appropriate grade levels, the study of biblical sourcesshould include an understanding of fundamental ap-proaches to the examination of the texts; an awareness ofthe historical, cultural, and geographical context and thelanguages; a scrutiny of the literary forms and images; andaconsideration of themes, events, basic ideas, and values.

d. Development of courses. Other courses or parts of presentcourses can be developed in the study about religion. Ex-amples of courses that can be developed are Religion andSociety, a study of the influence of religious views andvalues on the social, economic, and political aspects ofsociety; Religion and the Arts, a study of the influence ofreligion on art, music, literature, dance, architecture, andsculpture; and Human Religious Experience, a study of theeffects of religion on the lives of men and women.

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6. Guidelines for teaching about religion

Religion should be discussed with sensitivity. Conflictingpoints of view are to be expected and considered; open discus-sion is a proper method for truth searching in the study aboutreligion; religious indoctrination is to be avoided.

a. Need forfactual accuracy. The need for factual accuracy isparamount in teaching about religion. Careful and balancedexamination of sources is requisite for informed judgment.As much as possible, teachers should use primary sourcesand should encourage students to use them. Secondarysources are useful for overview and clarification. Studentsshould be helped to identify, compare, assess, and commu-nicate ideas and viewpoints. Teachers should be thoroughin studying the sources and related materials; they shouldalso recognize and admit their limited knowledge or under-standing in a specific area.

b. Need for empathy. Teachers should also seek to understandthe points of view of different religions. They should empa-thize sufficiently with the view of an adheren' a particularreligion to grasp the significance of that view for the onewho holds it. This empathy helps one to understand why theview is held and why it is valuable in the life of the one whoholds it. One mus, first seek to come to an understanding ofa religion within its own historical context rather than solelyfrom one's own viewpoint.

c. Problem of oversimplification. In teaching about religionone must avoid the tendency to convey a false impression ofthe subject by oversimplifying it. Teachers should explainthe extent to which a particular religion or religious view isto be considered in class. Students should be made fullyaware of the limitations imposed on their study about and,consequently, their understanding of a religion. Further, thedivers:Ay within religions as well as among religions shouldreceive careful attention. In addition, the teacher shouldstate why certain sources, selections, historical periods,themes, and issues have been selected for study.

d. Need for sensitivity. In teaching about religion, the teachershould be sensitive to the diverse views, levels of sophisti-cation, and critical ability of students, parents, and members

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of the commt, . School administrators and teachersshould be sensitive to the possible problems involved, suchas misunderstandings and misconceptions.

e. Avoidance of ridicule and prejudice. Ridicule and preju-diced statements must be avoided in the study of religionand religious practices whether froma historical or contem-porary viewpoint. Ridicule is rooted in an antieducationalattitude; it is the product of failing to be sensitive or em-pathic. It results from a callous disregard for the views ofanother person or group.

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MORALS, VALUES, AND TEACHING

ABOUT RELIGIONIN RECENTLY ADOPTED

CURRICULUM FRAMEWORKS

A. Ethical Issues in the ClassroomStudents need opportunities to ponder ethical issues in allcurriculato gather and evaluate data, arrive at a conclusion, andact in a responsible manner. They need to understand the potentialimplications of human actions and interactions for society as awhole as well as the consequences of various courses of action ingiven situations.

Teachers, textbook authors, and curriculum writers should dealwith ethical issues, because the study of ethics needs to be anintegral part of all curricula. However, instructional time may notalways permit in-depth exploration of ethical matters; in somecases, calling attention to and &fining the problems involved maybe sufficient.

Principl!"s of moral and ethical behavior and civic education shouldbe incorporated in all areas of the curriculum and exemplified in theconduct of activities in the classroom, on campus, and in the com-munity.

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Toward these ,nds, educators may follow these guidelines:

1. The classroom climate should be one of honesty and mutualtrust.

2. Individual and minority viewpoints should be considered.Care should be taken that strong attitudes or differences inopinion on ethical matters are neither expressed nor inter-preted as personal attacks.

3. One should use divergent and open-ended questions wheneliciting discussion on ethical issues. When responding toquestions, teachers should seek understanding and expan-sion of students' views and opinions rather than evaluationand closure.

4. Leprners should be provided opportunities to practice ethi-cal development on issues that are not personal or threaten-ing to those of different races, ethnic backgrounds, andreligions.

5. Learners may be encouraged but should not be pressured totake public positions on ethical issues. Students are often inthe process of sorting their own feelings and are not yetcommitted to particular positions.

6. No grading or evaluation should be assigned on a view oropinion, but grading may be used for facts and research usedin the process of arriving at the view or opinion.

7. News articles and advertisements may be useful in teachingstudents to distinguish between fact and opinion and in help-ing them learn to make appropriate inferences.

8. Learners should be encouraged to listen to, make responsesto, and share thoughts without being required to make im-mediate, unstudied judgments. Teachers should model thisapproach in their own behavior.

9. The teacher's personal opinions on an ethical issue shouldbe identified as such. The introduction of the teacher'sopinions may inhibit the students from sharing their viewsfreely and openly and may reduce the students' motivationto seek and consider other points of view.

10. Textbooks and other materials should provide informationand experiences in ethical issues.

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B. HistorySocial Science Framework for California PublicSchools, Kindergarten Through Grade Twelve (1988)

The following is a summary, by grade level, of the significantcharacteristics of the HistorySocial Science Framework:

1. Grade One (civic Values] . Children develop civic valuesthat are important in a democratic society.

2. Grade Two (Role Models] . Children learn of the extraordi-nary men and women who have made a difference in ournational life; they learn about people who serve as rolemodels, including community and national leaders andthose who have worked to imps we schools and livingconditions.

3. Grade Three [Traditions, Key Historical Figures, and Pa-triotism]. Children are introduced to the great legacy oflocal, regional, and national traditions that provide commonmemories and a shared sense of peoplehood for all of us.

Children listen to biographies of the nation's heroes andthose who took risks and opened new opporturities.Through stories an,; celebrations of national holidays, chil-dren learn the meanings of the nation's holidays and thesymbols that provide continuity and a sense of communityacross time; for example, the American Flag, the eagle,Uncle Sam, and the Statue of Liberty. They learn the Pledgeof Allegiance and the national songs that express Americanideals.

4. Grade Four [California Statehood]. Students learn of theevents leading to California's entry into the union.Students learn to appreciate the courage and hardships ofthose who have come to California.

5. Grade Five (Government in the United States]. The prom-ists of the Declaration of Independence are realized.Students study what self-government means and the impor-tance of the right to vote.Students become familiar with the tenets of the Americancreed through discussing the meaning of key phrases indocuments.Students interview elected public officials, talk to commu-nity volunteers, and develop projects that are helpful toothers in the school and community.

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6. Grade Six [History of Democratic Government]. Studentslearn of early democratic governments in ancient civiliza-' ms.

7. Grade Seven [Civic Responsibilities and Major HistoricalDocuments]. Students compare citizens' civic duties astaught by Roman Stoic philosophers with citizens' civic re-sponsibilities in America today.

Students study the Enlightenment and its impact on thefuture of Western political thought, including the politicalideas and institutions of the United States. They see how theprinciples implicit in the Magna Carta were embodied in theEnglish Bill of Rights, the French Declaration of the Rightsof Man and of the Citizen, and the American Declaration ofIndependence.

8. Grade Eight [Development of Democratic Institutions] .

Emphasis in studies is given to the development of demo-cratic institutions founded in Judeo-Christian religiolsthinking and in English parliamentary trantions.

Readings from the Declaration of Independence focus. on"natural rights" and "natural law" and the meaning of equal-ity.

Students concen.rate on the shaping CA. the Constitution.

Students study the influence the West had on the mores andculture of the nation, including a folklore of individualismand rugged frontier life that has become a significant aspectof our national self-image.

Students learn about the expansion of suffrage during theJacksonian period.

Students compare Alexis de Tocqueville's description ofnational character in the 1830s with American life today.

Special attention is given to Abraham Lincoln's presidency,including his Gettysburg Address, the Emancipation Procla-mation, and his inaugural addresses.

Students analyze the role of the Constitution as a mechanismto guarantee the rights of individuals and to ban discrimina-tion.

Students discuss how citizens in a democracy can influenceevents and, through participation, apply ethical standards topublic life.

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9. Grade Nine [Participation in Government] . Students studyways in which they can become active participants inCalifornia's future.

Students use the community as a major resource.

Students learn that individual citizens can influence publicpolicy through participation.

Students learn the organization and function of local,county, state, and national political systems.

Through ethnic studies, students learn of the forces thatcaused people to come to America, and they gain a deeperunderstanding of American society.

Through law-related studies, students gain an understandingof the law and legal systems developed under the U.S.Constitution and Bill of Rights, and they are encouraged toparticipate as citizens in the legal system. In a unit on civicrights and responsibilities, students learn of the rights guar-anteed in the amendments to the Constitution.

10. Grade Ten [Democratic Principles, Rights, and Ideals].Students review the rise of democratic ideas and the evolu-tion of democratic principles. They review the significantideas of the thinkers of the Enlightenment.

The philosophy of "natural rights" and "natural law" onwhich the democratic revolutions were based is analyzed,with particul.a attention to the American Declaration of In-dependence

The Constitution is assessed as the summation of the evolv-ing tradition of democratic ideals.

11. Grade Eleven [Constitutional Rights and Issues]. Reviewstudies focus on the framing of the Constitution as back-ground for understanding contemporary constitutional is-sues.

Students analyze Supreme Court decisions that affect civilliberties and that help bring about social reforms.

Studies emphasize the application of the Constitution andthe Bill of Rights in modern times to the resolution of civilrights and hutaan rights issues.

Readings from An American Dilemma help students ana-lyze the contrast between the American creed and the prac-

49

tices of racial segregation throughout the nation precedingWorld War H.

The role of the federal government as a guaranioi of 'ivilrights is studied. Students examine the Civil Rights Act of1964 and the Elementary and Secondary Education Act of1965.

Students are made aware of the influence of the Constitutionor daily events in their community and nation and its con-tinuing importance in defining the rights and freedoms ofAmericans. Students reflect on the twentieth century, par-ticularly the tension between the rights of the individual andthe power of the state.

12. Grade Twelve [Constitutional Philosophy, Civic Responsi-bility, and Social Issues]. Students focus on the philosophyof those who framed the Constitution and the Bill of Rightsand study portions of the Federalist Papers.

Students analyze the importance of their votes in local, state,and national elections. Students study the ways in which in-dividuals become participatory citizens through voting, juryservice, volunteerism, and involvement in community or-ganizations. Students should be given opportunities to vol-unteer for community service in their schools and communi-ties.

Students study, take a position, and write a paper on a majorsocial issue.

C. English-Language Arts Framework for California PublicSchools, Kindergarten Through Grade Twelve (1987)

1. Preface. [Purpose of the EnglishLanguage Arts Frame-work is explained.] The EnglishLanguage Arts Frame-work promotes a systematic meaning-centered literatureprogram for all students to provide our future adults with (1)a solid body of knowledge derived from a common culturalheritage; (2) experience in confronting important humanissues and conflicts; (3) a strong sense of values, includingpersonal, social, and aesthetic values; and (4) the necessarylanguage and thinking skills acquired through frequent andmeaningful listening, speaking, reading, and writing.

2. Emphases of the Framework. [Effective programs includevalues.] The importance of Englishlanguage arts to the

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education of all studentsindeed, to the survival ofa demo-cratic society itselfis clear. The EnglishLanguage ArtsFramework for California Public Schools emphasizes ef-fective features in Englishlanguage arts programs, includ-ing attention to values in literature that reflects the realdilemmas faced by all human beings and that representstraditional and modern classics across all the disciplines.The document calls for an end to ineffective features, suchas superficial treatment of values in safe, diluted, or steriletexts dealing with trivial subjects or condescending themes.

3. Essential Elements of EnglishLanguage Arts Programs.[Core literary works explore cultures and values.] The coreliterary works identified by a school or district offer allstudents a common cultural background from which theycan learn about their humanity, their values, and their soci-ety. Great literature enables teachers and students to exploreand learn from the differences among cultures ahu times. Astrong literature program offers the language and literatureof many nations and perspectives and of racially, ethni-cally, and culturally diverse societies. Such a program alsoincludes poems and narrations, fables and legends, andstories and plays. This rich and diverse background allowsstudents to discover both the remarkable wholeness in theintricately woven tapestry of American society and theunique variety brought by many cultures to that intriguingfabric.

4. Effective Instruction in EnglishLanguage Arts. [Effectiveinstruction embodies cultural diversity and important hu-man issues.] An effective Englishlanguage arts programintroduces students to literature that represents many per-spectives, diverse styles and cultures and points of view,classic and contemporary attitudes, and a range of modesfrom fiction and drama through poetry and essay andspeeches. It prepares students for understanding ideas andexpressing themselves effectively about important humanissues.

5. Exemplary Practices. [Values need to be stressed throughall grade levels.] Adults are sometimes surprised by therichly and subtly developed value systems of children, who,for example, are often better able to handle the grim reali-ties of fairy tales than adults are. Given the richness of

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children's developing values, reading must challenge theircuriosity and engage their minds and spirit. They must notbe unnecessarily sheltered from significant issues.

As students learn about major social and political issues,they read and experience a variety of literary genre. Studentsalso develop the capacity to write cogent, clear, and preciseprose; and they sharpen their listening and speaking skillsin class discussions, panel presentations, and debates onworthwhile issues they are interested in exploring.

6. Evaluation of EnglishLanguage Arts Instruction. [Assess-ment provides opportunities to involve major social issues,morals, and values.] Teachers, students, and parents areoffered an accurate picture of students' facility withEnglishlanguage arts by using a variety of assessmentstrategies, including:

a. Carefully planned teacher-designed questions, to focusstudents' learning, or opportunities for students to learnto phrase questions for each other. This process requiresstudents to go beyond yes or no answers to the use ofhigher-order thinking processes.

b. Short speeches on topics such as A Defense of Democ-racy. This activity provides information on the students'depth of understanding of social and political issues.

c. Short papers prepared out of class. This activity offersstudents the time to reexamine and revise as they grapplewith understanding their subjects and communicatingtheir thoughts.

d. Group-written responses to specific questions. Such ac-tivities enable students to challenge and stretch theirthinking about the material.

e. Demonstrations of students' interest in exploring newreading experiences, as indicated by teachers, parents,and librarians. Such interest suggests growth in learningthrough reading.

7. Empowering Ourselves to Implement the Framework.[Morals and values in Englishlanguage arts involve every-one.] Students today face choices and demands unrralleledin the experiences of most adults. Their need for stablevalues and appropriate models of adult behavior is often

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assaulted by the influences of unstable home situations,substance abuse and violence among their peers, and therapid pace of technology. An effective Englishlanguagearts curriculum must address their needs, appeal to theirinterests, and capitalize on their energies as discoverers. Thecurriculum must become as active and vital as the world atlarge.

Growth of students' facility with the language arts, directlyand indirectly, involves parents and families, teachers, spe-cial support personnel, department chairs, library mediaspecialists, principals, district administrators, school boardmembers, offices of county superintendents of schools,Department of Education personnel, and commercial pub-lishers.

1 Standards for the Total Program. [Important social issues,ethics, and values are integral to a total Englishlanguagearts program.] Coursework in Englishlanguage arts mustcontain a balance of fiction and nonfiction selections thatengage students in (1) significant them-s that broaden theirawareness of their own and others' societies; and (2) our richand diverse literary heritage, which connects students topolitical, social, and ethical issues that are central to oursociety.

The program must fo,us on comprehension and composi-tion in all language activities to lirk personal experiencesand prior knowledge of content with language instruction,including opportunities for building common backgroundexperiences.

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Publications Available from the Department of Education

This publication is one of oNer 650 that are available from the CaliforniaState Department of Education. Some of the more recent publications orthose most widely used are the following:

ISBN Title (Date of publication) Price

0-8011-0271-5 Academic Honesty (1986) 52.500-8011-0722-9 Accounting Procedures for Student Organizations (1988) 3.750-801!-0272-3 Administration of Maintenance and Operations in California

School Districts (1986) 6 750-8011-0216-2 Bilingual-Crosscultural Teacher Aides: A Resource Guide

(1984) 3 5004011-0238-3 Boating the Right Way (1985) 4.000-8011-0275-8 California Dropouts: A Status Report (1986) 2.500-8011-0707-5 California Private School Directory, 1987-88 (1987) 14.000-8011-0724-5 California Public School Directory (1988) 14.000-8011-0748-2 California School Accounting Manual (1988) 8.000-8011-0715-6 California Women. Activities Guide, K-12 (1988) 3.500-8011-0488-2 Caught in the Middle. Educational Reform for Young

Adolescents in California Public Schools (1987) 5.000-8011-0760-1 Celebrating the National k.ading In:::..tive

(1988) 6.750-8011-0241-3 Computer Applications Planning (1985) 5000-8011-0489-0 Effective Practices in Achieving Compensatory

Education-Funded Schools I1(1987) 5.000-8011-0041-0 English-Language Arts Framework for California Public

Schools (1987) 3.000-8011-0731-8 English-Language Arts Model Curriculum Guide,

K-8 (1988) 3.000-8011-0710-5 Family Life/Sex Education Guidelines (1987) 4.000-8011-0289-8 Handbook for Physical Education (1986) 4 500-8011-0249-9 Handbook for Planning an Effective Foreign Language

Program (1985) 3 500-80i 1-0320-7 Handbook for Planning an Effective Literature Program

(1987) 3000-8011-0179-4 Handbook for Planning an Effective Mathematics Program

(1982) 2.000-8011-0290-1 Handbook for Planning an Effective Writing Program (1986) 2 500-8011-0224-3 Handbook for Teaching Cantonese-Speaking Students (1984) 4.500-8011-0680-X Handbook for Teaching Japanese-Speaking Students (1987) 4.500-8011-0291-X Handbook for Teaching Pilipino-Speaking Students (1986) 4.500-8011-0204-9 Handbook for Teaching Portuguese-Speaking Students

(1983) 4.500-8011-0250-2 Handbook on California Education for Language Minority

ParentsChinese/English Edition (1985) 3.25*0-8011-0737-7 Here They Come: Ready or NotReport of the School

Readiness Task For:e (1988) 2.000-8011-0712-1 History-Social S;cice Framework for California Public

Schools (1988) 6.000-8011-0227-8 Individual Learning Programs for Limited-English-

Proficient Students (1984) 3.50

'The following editions are also available, at the same price Armenian, English, Cambodian,English, Hmong/ English, Japanese/ English, Korean/ English, Laotian, English, Pilipino/English, Samoan/ English, Spanish/ English, and Vietnamese/ English.

0-8011-0466-1 Instructional Patterns. Curriculum for ParerthoodEducation (1985) 12.00

0-8011-0208-1 Manual of First-Aid Practices for School Bus Drivers (1983) 1.750-8011-0209-X Martin Luther King, Jr., 1929-1968 (1983) 3.250-8011-0358-4 Mathematics Framework for California Public Schools

(1985) 3.000 -80i 1-0664-8 Mathematics Model Curriculum Guide, K -8 (1987) 2.750-8011-0685-0 Microcomputers for Use in School District

Administration (1987) 9.006.8011 -0725 -3 Model Curriculum for Human Rights and Genocide (1988) 3.250-8011-0252-9 Model Curriculum Standards. Grades 9-12 (1985) 5.500-8011-0762-8 Moral and Civic Education and Teaching About Religion

(1988) 3.250-8011-0303-7 A Parent's Handbook on California Edv ation (1986) 3.250-8011-0671-0 Practical Ideas for 'reaching Writing as a Process (1987) 6.000-8011-0309-6 Program Guidelines for Hearing Impaired Individuals (1986).... 6.000-8011-0258-8 Program Guidelines for Severely Orthopedically Impaired

Individuals (1985) 6.000-8011-0684-2 Program Guidelines for Visually Impaired Individuals (1987) 6.000-8011-0213-8 Raising Expectations: Model Graduation Requirements

(1983) 2.750-8011-0311-8 Recommended Readings in Literature, K-8 (1986) 2.250-8011-0745-8 Recommended Readings in Literature, K-8,

Annotated Edition (1988) 4.500-8011-0214-6 School Attendance Improvement' A Blueprint for Action

(1983) 2.750-8011-0189-1 Science Education for the 1980s (1982) 2.500-8011-0339-8 Science Framework for California Public Schools (1978).. 3..000 -8011 -0354 -I Science Framework Addendum (1984)0-8011-0486-6 Statement on Preparation in Natural Science Expected of

Entering Freshmen (1986) 2.500-8011-0318-5 Students' Rights and Responsibilities Handbook (1986) 2.750-8011-0234-0 Studies on Immersion Education: A Collection for U.S.

Educators (1984) c.000.8011-0682-6 Suicide Prevention Program for California Public Schools

(1987) 8.000-8011-0739-3 Survey of Academic Skills, Grade 8 Rationale and Content

for Science (1988) 2.500-8011-0192-1 Trash Monster Environmental Education Kit (for grade six) 23.000-801/-0236-7 University and College Opportunities Handbook (1984) 3.250-8011-0344-4 Visual and Performing Arts Framework for California

Public Schools (1982) 3.25

Orders should be directed to:

California State Department of EducationP.O. Box 271Sacramento, CA 95802-0271

Please include the International Standard Book Number (ISBN) for eachtitle ordered.

Remittance or purchase order must accompany order. Purchase orde, swithout checks are accepted only from governmental agencies. Sales taxshould be added to all orders from California purchasers.

A complete list of publications available from the Department, includingapprenticeship instructional materials, may be obtained by writing to theaddress listed above or by calling (916) 445-1260.

88 81709 87-160 014497 300 8-88 20M

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