Download - Dr. William Allan Kritsonis - Students Rights PPT

Used by permission of Campus Ministry Tools(http://www.campusministrytools.com/yourRightsOnCampus.htm)

Student Rights on

Campus

Student Rights on

Campus

Separation of Church & State

Student Student Rights on Rights on CampusCampus

Separation of Church &

State

• There is no such phrase in the constitution.

• It was in a personal letter from President Thomas Jefferson to a

small Baptist church in 1802. (Danbury, Connecticut)

Student Student Rights on Rights on CampusCampus

Separation of Church &

StateThe Establishment Clause

“Congress shall make no law respecting an

establishment of religion or prohibiting the free exercise

thereof; or abridging the freedom of speech or of the

press; or the right of the people peaceably to

assemble…” 1791The First Amendment of the U.S. Constitution

Student Student Rights on Rights on

CampusCampus

1. Students have the right

to Pray on campus

Only…“Official State composed prayers are excluded from

the school.”

Engle v. Vitale 1962.

& Bender v. Williamsport Area

School District 1986. (Supreme Court Decision)


CampusCampus

2. Students have the Right

to Meet together for

Bible Study“it shall be unlawful for any public secondary school…

to deny Equal Access…

to any students who wish to conduct a meeting…

on the basis of the religious…content at such meetings.”

The Equal Access Act -1984 .


CampusCampus

The Equal Access Act

The Equal Access Act -4071(c)(4)

*The Act was drafted to keep people from violating the

Establishment Clause of the US Constitution.

*Congress recognized that the state should not promote religion.

*However, the Equal Access Act doesn’t promote religious activity,

rather it gives it neutral treatment.


CampusCampusThe Equal Access Act -4071(a)

(4)

Does the Equal Access Act apply to every school?”

• if it’s a secondary school

• if it receives Federal funding

• if has a “limited open forum”



CampusCampus

The Equal Access Act -1984

What is a “limited open forum?”

• Some places like parks are a “completely open forum”

• Schools have a created an open forum for a particular group of

people – Students.Students.



CampusCampus


Do all schools have a “limited open forum?”

• No. But most do.

• If any non-curriculum student groups are allowed to meet then the Equal Access Act is triggered.



CampusCampus


What is a non-curriculum related student club?”

• Any student meeting that is not directly related to a class.


• Does the public school usually sponsor an activity with this subject matter?

• Does the school require or directly encourage student participation in such a group in connection with curricular course work?


CampusCampus


Congress used these 2 questions to determine whether a student meeting was curriculum related:


As long as the meeting does not “materially and

substantially interfere with the orderly conduct of

educational activities within the school.”

The Equal Access Act The Equal Access Act -4071-4071(c)(4)(c)(4)


CampusCampus

Does that mean that anybody can meet?

• any beliefs

• any size




CampusCampus

Can we talk about anything we want to? The school does not need to concern itself with the content of the religious speech – only whether the speech:

• Is illegal

• Threatens the well-being of teachers or students

• Is not voluntary

• Materially & substantially interferes with the orderly conduct of educational activities within the school



CampusCampus

As long as the meeting does As long as the meeting does not “not “materially and materially and

substantially interferesubstantially interfere with with the orderly conduct of the orderly conduct of

educational activities within educational activities within the school.”the school.”


What about the KKK and other Anarchy type groups?



CampusCampus

As long as the meeting does As long as the meeting does not “not “materially and materially and

substantially interferesubstantially interfere with with the orderly conduct of the orderly conduct of

educational activities within educational activities within the school.”the school.”


• What about gay & lesbian groups?

• What about wiccan?



CampusCampus

“if the schools limited open forum includes non-student

participation then non-student participation must be permitted for all such student

groups.”

Student Coalition for Student Coalition for Peace v. Lower Peace v. Lower Merion School Merion School District 1985.District 1985.

What about non-school persons?



CampusCampus

““non-school persons may non-school persons may not direct, conduct, not direct, conduct, control or regularly control or regularly attend activities of attend activities of student groups.”student groups.”

The Equal Access Act -4071The Equal Access Act -4071(c)(c)(5)(5)

What about non-school persons?



CampusCampus

3. Students have the Right to

Carry and read their

Bible on Campus

Students may carry and read their Bible at school.

The Equal Access Act 1984 .


CampusCampus

4. Students have the Right to

Have Religious Services.The Supreme Court reinstates a US District

Court decision that allowed public H.S. students to meet during an activity period for

prayer, Bible Study and religious discussion during the school day on campus.

Bender v. Williamsport Area School District

1986. (Supreme Court Decision)


CampusCampus

5. Students have the

Right to Be excused.

Public students cannot be forced to participate in activities that

violate their religious convictions.

West Virginia Board of Education vs. Barnette. 1943 .


CampusCampus

6. Schools may Accommodate

students religious

needs.Students may be released during the

school day to receive religious instruction off campus.

Called “Release time education.”

(Varies state to state)

Zorach v. Clauson 1952.


CampusCampus

7. Students may engage in

controversial Speech.

They may discuss controversial topics concerning religious, political and philosophical

viewpoints.

Healy v. James 1972.


CampusCampus

8. Students Have the right to

Distribute Literature

9. Students Have the right to

wear Christian T-shirts

Tinker v. Des Moines 1969

The school may impose restrictions in these areas but they must be the same for both

religious and non-religious content.


CampusCampus

10. Students do not shed their Constitutional

Rights at the Doors of their

SchoolBoth teachers and students retain their First Amendment rights

while on school grounds.

Tinker v. Des Moines Independent School District.

1969


CampusCampus

You are an American.

The Establishment Clause

“Congress shall make no law respecting an

establishment of religionreligion or prohibiting the free exercise

thereof; or abridging the freedom of speechspeech or of the

presspress; or the right of the people peaceably to assembleassemble…” 1791.

The First Amendment of the U.S. Constitution


CampusCampus


The First Amendment gives

you…Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly

Freedom of Redress


CampusCampus


Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly


CampusCampus

Campus Campus websites:websites:

www.reachthecampus.cowww.reachthecampus.comm

www.gocampus.orgwww.gocampus.org

www.everyschool.comwww.everyschool.com

Download - Dr. William Allan Kritsonis - Students Rights PPT

Top Related