This document discusses constitutional principles regarding religion and race in public schools. It covers several topics: - Religious issues including the Lemon Test, prayer in schools, parochial school services, and displays of religious symbols. Schools must remain neutral toward religion. - Racial issues including desegregation, which the 14th Amendment requires. Race-based enrollment plans are unconstitutional. Affirmative action can be used temporarily to remedy past discrimination. - Employment practices cannot discriminate and tests must be job-related. Affirmative action plans and minority contracting goals may be allowed to remedy proven past discrimination.

1. Chapter 14
Religion & Race & The Public Schools

2. A. RELIGIOUS ISSUES
I. Constitutional Principals
(14:10 )The 1st Amendment underlies all legal questions
regarding the separation of church and state

3. A. RELIGIOUS ISSUES
I. Constitutional Principals
(14:20) The Lemon Test is used to determine if whether a
government action is constitutional under the Establishment
Clause.

4. A. RELIGIOUS ISSUES
I. Constitutional Principals
(14:25) The Religious Freedom Restoration Act keeps the
government from forcing people to violate what they believe
in.

5. A. RELIGIOUS ISSUES
I. Constitutional Principals
(14:30) The Free Exercise Clause prevents the state from
compelling public schools attendance but may require a
minimum number of hours of instruction from qualified
teachers.

6. A. RELIGIOUS ISSUES
I. Constitutional Principals
I. Constitutional Principals
(14:35) Students get
(14:37) Schools must
release time to attend
confirmation classes if over
the age of 12.
permit students free
exercise of their religion
without penalty.

7. A. RELIGIOUS ISSUES
II. Prayer
(14:40) Students may
pray in school as long as
they do not disrupt the
educational process.
II. Prayer
(14:50) Schools may have
a moment of Silent
Reflection but may not
have school endorsed
prayer.

8. A. RELIGIOUS ISSUES
II. Prayer
(14:53) The Pledge of
Allegiance in schools is
permissible so long as students
who object are not compelled
to participate.
II. Prayer
(14:55) A school coach
may not lead his players in
voluntary prayer at an
athletic contest.

9. A. RELIGIOUS ISSUES
II. Prayer
(14:60, 14:61, & 14:62)
 The school may not avoid the establishment clause by making prayer
voluntary.
 Students may write and deliver a prayer that is not endorsed by the school
district.
 A baccalaureate ceremony may not be sponsored, directed or participated in
by the school district or its agents.

10. A. RELIGIOUS ISSUES
II. Prayer
(14:70) A School Board should probably not open their
meeting with a prayer. However, the General Assembly may.

11. A. RELIGIOUS ISSUES
III. Parochial School Services
III. Parochial School Services
(14:80) A public school
(14:90) A public school
district must provide
transportation for parochial
students under certain
circumstances.
district may permit public
school teachers to teach
secular subjects on site in
parochial schools.

12. A. RELIGIOUS ISSUES
III. Parochial School Services
(14:95) Public schools may
not allow religious instruction
by anyone during the school
day.
III. Parochial School Services
(14:100) A public school
district may provide free
diagnostic services to nonpublic school students on
public school property.

13. A. RELIGIOUS ISSUES
III. Parochial School Services
(14:110) The constitutionality of School Vouchers remains
uncertain.

14. A. RELIGIOUS ISSUES
IV. School Facilities
(14:120) A school district may adopt reasonable rules regarding
the time, place and manner of distribution of religious materials
by private persons.

15. A. RELIGIOUS ISSUES
IV. School Facilities
(14:123) How a display is
analyzed for its
constitutionality is
dependent upon the nature
of the display.
Any religious display must
have a valid educational
purpose.
IV. School Facilities
(14:125) Temporary
displays by students are
considered free speech.





The Ten Commandments
may not be hung in a
public School.

16. A. RELIGIOUS ISSUES
IV. School Facilities
(14:130) A public school
district may not deny an
organization access purely on
the basis of its religious
convictions
IV. School Facilities
(14:140) The Federal
Equal Access Act provides
that student religious
organizations must be
given the same access to
secondary school facilities
unless the school board
limits access to those
organizations that are
curriculum related.

17. A. RELIGIOUS ISSUES
IV. School Facilities
(14:150) Teachers are bound by the prohibitions of the First
Amendment that bar a teacher from advancing religion when
the teacher is acting in his official capacity.
(14:200) A school district may educate students about religion
in general, nut not advocate or sponsor a particular religion.

18. A. RELIGIOUS ISSUES
IV. School Facilities
(14:210) A public school
district may allow a child to
opt out of an objectionable
portion of the curriculum if
participation violates free
exercise of
religion.
IV. School Facilities
(14:220) A student’s right
to freedom of expression
may be limited to achieve
an educational goal.

19. A. RELIGIOUS ISSUES
IV. School Facilities
(14:225) A school musical
group does not necessarily
violate the establishment
clause depending on the facts
surrounding the performance.
IV. School Facilities
(14:230) A teacher may
be required to teach
evolution and should not
discuss the Biblical views of
the subject.

20. B. RACIAL ISSUES
I. School Desegregation & Remedies
(14:400) School segregation by race deprives minority
students of equal protection under the 14th Amendment.
(14:440) A school districts obligation is to end segregation at
once.
(14:460, 470, & 480) Open enrollment plans or any plan
based solely on race to ‘balance’ schools are unconstitutional.

21. B. RACIAL ISSUES
II. Employment
(14:510) A determination of racial discrimination is made by
finding a pattern of comparisons between the number of
minorities employed and the percentage of minorities in the
relevant labor pool.
(14:520) No test can be used in the hiring practices if said test
is found to not be impacting on job performance.

22. B. RACIAL ISSUES
II. Employment
(14:510) An
affirmative action plan
is constitutional as a
temporary remedy.
II. Employment
 (14:540) The school board must
justify that a certain number of
contractors be minorities to
remedy a proven history of
discrimination.

23. RELIGION & RACE & THE PUBLIC SCHOOLS