Religion in the Religion in the Public SchoolPublic School

Greenwood School Greenwood School District 50 District 50

20062006

““Public Schools may not Public Schools may not inculcate nor inhibit religion. inculcate nor inhibit religion.

Schools must be places Schools must be places where religion and religious where religion and religious conviction are treated with conviction are treated with

fairness and respect.”fairness and respect.”

S. C. Code Ann. 59-17-140S. C. Code Ann. 59-17-140

““Effective July 1, 2001, each Effective July 1, 2001, each school district during school district during annualannual in- in-service training shall provide a service training shall provide a program of instruction for program of instruction for employees in the essentials of employees in the essentials of constitutional protections and constitutional protections and prohibitions as they relate to prohibitions as they relate to religion and public school religion and public school operations.”operations.”

First First AmendmentAmendment

Congress shall make no law Congress shall make no law respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof, or abridging the exercise thereof, or abridging the freedom of speech, or of the press; freedom of speech, or of the press; or the right of the people peaceably or the right of the people peaceably to assemble, and to petition the to assemble, and to petition the government for a redress of government for a redress of grievances.grievances.

Lemon v. KurtzmanLemon v. Kurtzman(Lemon Test)(Lemon Test)

1.1. The actions have a secular purpose;The actions have a secular purpose;

2.2. The actions do not have the The actions do not have the principal or primary effect of principal or primary effect of advancingadvancing or or inhibitinginhibiting religion; religion;

3.3. The actions do not foster an The actions do not foster an excessive entanglement of excessive entanglement of government with religion.government with religion.

1. Student Prayers1. Student Prayers

Santa Fe Independent School District Santa Fe Independent School District v. Doe 530 U. S. 290 (2000) v. Doe 530 U. S. 290 (2000) FootballFootball– The Court ruled prayer over a The Court ruled prayer over a

loudspeaker at a government loudspeaker at a government sponsored eventsponsored event onon government government property (football game on district property (football game on district property) is a violation of the property) is a violation of the Establishment ClauseEstablishment Clause

Student Prayer and Student Prayer and Religious DiscussionReligious Discussion Establishment Clause does not Establishment Clause does not

prohibit prohibit purely privatepurely private religious religious speechspeech

Students may read Bibles, say grace, Students may read Bibles, say grace, say prayer say prayer anytime it is not anytime it is not disruptive to the learning disruptive to the learning processprocess

Informal gatherings are ok (Meet at Informal gatherings are ok (Meet at Pole)Pole)

School may School may neither discourage or neither discourage or encourageencourage

2. Graduation Prayers and 2. Graduation Prayers and Baccalaureate ActivitiesBaccalaureate Activities

Lee v. Weisman 505 U. S. 577 Lee v. Weisman 505 U. S. 577 (1992)(1992)

Ruled graduation prayers Ruled graduation prayers unconstitutionalunconstitutional

Baccalaureate ActivitiesBaccalaureate Activities““A school may not extend A school may not extend

preferentialpreferential treatment to treatment to baccalaureate ceremonies baccalaureate ceremonies and may in some instances and may in some instances be obligated to disclaim be obligated to disclaim official endorsement of such official endorsement of such ceremonies.”ceremonies.”

3. Participation in or Encouragement 3. Participation in or Encouragement of Religious Activityof Religious Activity

Teachers and school Teachers and school administrators or administrators or employees, employees, when acting in when acting in those capacities,those capacities, are are representatives of the state representatives of the state and areand are prohibited prohibited by the by the establishment clause establishment clause from from soliciting or encouraging soliciting or encouraging religious activity, andreligious activity, and from from participatingparticipating in such activity in such activity with students.with students.

Participation ContinuedParticipation Continued

Employees also are prohibited Employees also are prohibited from discouraging activity from discouraging activity because of its religious content, because of its religious content, and from soliciting or and from soliciting or encouraging anti-religious encouraging anti-religious activityactivity..

4. Religion in School Curriculum4. Religion in School Curriculum

Religion is a natural part of Religion is a natural part of history,history, which is included in the which is included in the approved curriculum in SC.approved curriculum in SC.

When the topic is addressed, the When the topic is addressed, the emphasis must be purely emphasis must be purely academicacademic and not devotional. and not devotional.

Schools Schools may teach about may teach about religionreligion and its influence on and its influence on areas such as art, music, areas such as art, music, literature, and social studies.literature, and social studies.

5. Religious Content in 5. Religious Content in Student AssignmentsStudent Assignments

Students may express their beliefs Students may express their beliefs about religionabout religion in the form of in the form of homework, artwork, and other written homework, artwork, and other written and oral assignments free of and oral assignments free of discrimination based on the religious discrimination based on the religious content of their submissions.content of their submissions.

Such home and classroom work should Such home and classroom work should be judged by ordinary academic be judged by ordinary academic standards of substance and relevance standards of substance and relevance and against other legitimate pedagogical and against other legitimate pedagogical concerns identified by the school.concerns identified by the school.

6. Distribution of 6. Distribution of Religious LiteratureReligious Literature

Schools Schools generally shall not permit generally shall not permit formal distributionformal distribution of any materials from of any materials from any non-school organization, regardless of any non-school organization, regardless of the content of the materials the content of the materials on school on school propertyproperty. Accordingly, students generally . Accordingly, students generally should not distribute flyers to all students should not distribute flyers to all students on a mass level at specific established on a mass level at specific established locations at the school. locations at the school. Students can Students can distribute information on an informal distribute information on an informal basis that is not disruptivebasis that is not disruptive..

More on Distribution of More on Distribution of Religious LiteratureReligious Literature

Students have a right to distribute Students have a right to distribute religious literature to their schoolmates religious literature to their schoolmates on the same terms as they are permitted on the same terms as they are permitted to distribute other literatureto distribute other literature that is that is unrelated to school curriculum or activities. unrelated to school curriculum or activities. Schools may impose reasonable time, place, Schools may impose reasonable time, place, and manner on distribution of religious and manner on distribution of religious literature as they do on nonschool literature literature as they do on nonschool literature generally.generally.

7. Student Participation 7. Student Participation in Religious Events in Religious Events Before and After SchoolBefore and After School

There is no legal reason There is no legal reason not to allow students to not to allow students to participate in religious participate in religious events “before and after events “before and after school,”school,” which do not which do not interfere with instructional interfere with instructional time or the educational time or the educational process.process.

8. Religious Persuasion 8. Religious Persuasion vs. Religious Harassmentvs. Religious Harassment

While students may speak about and try to While students may speak about and try to persuade peers on religious issues, persuade peers on religious issues, students may not be compelled to students may not be compelled to participate in religious discussionsparticipate in religious discussions. . Persuasion becomes harassment when the Persuasion becomes harassment when the recipient of the speech acknowledges recipient of the speech acknowledges his/her desire not to participate. School his/her desire not to participate. School officials should intercede to stop officials should intercede to stop harassment immediately.harassment immediately.

9. Religious Holidays9. Religious Holidays

Although Although public schools may teach public schools may teach about religious holidaysabout religious holidays, including , including their religious aspects, and may their religious aspects, and may celebrate the secular aspects of celebrate the secular aspects of holidays, holidays, schools may not observe schools may not observe holidays as religious eventsholidays as religious events or or promote such observance by students.promote such observance by students.

10. Permitted Absences from 10. Permitted Absences from Objectionable Lessons in Objectionable Lessons in

ReligionReligion Administrators and Administrators and

teachers should try to teachers should try to accommodate the accommodate the reasonable requestsreasonable requests of of parents and students to be parents and students to be excused from objectionable excused from objectionable lessons, discussions, or lessons, discussions, or activities concerning activities concerning religion.religion.

11. Released Time for 11. Released Time for Religious InstructionReligious Instruction

Subject to applicable State laws, Subject to applicable State laws, School School Boards may allow religious Boards may allow religious instruction off school property.instruction off school property. If If allowed, schools may not encourage or allowed, schools may not encourage or discourage participation or penalize those discourage participation or penalize those who do attend.who do attend.

12. Teaching 12. Teaching ValuesValues

Though schools must be neutral with Though schools must be neutral with respect to religion, respect to religion, they may play an they may play an active role with respect to teaching active role with respect to teaching civic values and virtue, and the civic values and virtue, and the moral codemoral code that holds us together as a that holds us together as a community. community. The fact that some of The fact that some of these values are held also by religions these values are held also by religions does not make it unlawful to teach them does not make it unlawful to teach them in schoolin school..

13. Religious Attire13. Religious Attire

Schools enjoy substantial discretion in Schools enjoy substantial discretion in adopting policies relating to student dress adopting policies relating to student dress and school uniforms. and school uniforms. Students have no Students have no Federal right to be exempted from Federal right to be exempted from religiously-neutral policies.religiously-neutral policies. Schools Schools may not single out certain religious attire, may not single out certain religious attire, but must impose the policies as adopted.but must impose the policies as adopted.

14. Federal Equal Access Act14. Federal Equal Access Act

Generally, if secondary public Generally, if secondary public schools have a schools have a limited open limited open forumforum, (allows non-curriculum , (allows non-curriculum clubs to meet), the school must clubs to meet), the school must allow religious groups the same allow religious groups the same access to the school media, (PA access to the school media, (PA system, school newspaper, system, school newspaper, bulletin board).bulletin board).

15. Other Provisions 15. Other Provisions Regarding the Regarding the Establishment of Establishment of Religion and Free Religion and Free Exercise ThereofExercise Thereof

State law, S. C. Code Ann. 59-1-443 State law, S. C. Code Ann. 59-1-443 (Supp. 2000), (Supp. 2000), requires all schools to requires all schools to “provide for a minute of mandatory “provide for a minute of mandatory silence at the beginning of each silence at the beginning of each school dayschool day.”.”

End of TrainingEnd of Training

Complete your form and return it to Complete your form and return it to Gail Davis in Human Resources. Gail Davis in Human Resources. Thanks.Thanks.