Dr. William Allan Kritsonis - Students Rights PPT.

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

3. Student
Rights on
Campus

4. Student
Rights on
Campus
Separation of
Church & State

5. Separation of
Church &
State
• There is no such phrase in the
constitution.
• It was in a personal letter from
President Thomas Jefferson to a
Student small Baptist church in 1802.
Rights on (Danbury, Connecticut)
Campus

6. Separation of
Church &
State
The 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
Student people peaceably to
Rights on assemble…” 1791The First
Amendment
Campus of the U.S. Constitution

7. 1. Students
have the right
to Pray on
campus
Only…“Official State
composed prayers
are excluded from
the school.”
Engle v. Vitale 1962.
Student & Bender v.
Williamsport Area
Rights on School District 1986.
(Supreme Court Decision)

8. 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.”
Student The Equal Access Act -1984 .
Rights on

9. The Equal Access Act
*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
Student treatment.
Rights on The Equal Access Act -4071(c)
(4)

10. The Equal Access Act
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”
Student
Rights on The Equal Access Act -4071(a)
(4)

11. The Equal Access Act
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.
Student
Rights on The Equal Access Act -1984

12. The Equal Access Act
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.
Student
Rights on The Equal Access Act -1984

13. The Equal Access Act
What is a non-curriculum related
student club?”
• Any student meeting
that is not directly
related to a class.
Student
Rights on The Equal Access Act -1984

14. The Equal Access Act
Congress used these 2 questions
to determine whether a student
meeting was curriculum related:
• 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
Student
course work?
Rights on The Equal Access Act -1984

15. The Equal Access Act
Does that mean that anybody
can meet?
• any beliefs
• any size
As long as the meeting does
not “materially and
substantially interfere with
the orderly conduct of
educational activities within
the school.”
Student
The Equal Access Act
Rights on -4071(c)(4)

16. The Equal Access Act
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
Student
orderly conduct of educational
activities within the school
Rights on The Equal Access Act
-4071(c)(4)

17. The Equal Access Act
What about the KKK and other
Anarchy type groups?
As long as the meeting does
not “materially and
substantially interfere with
the orderly conduct of
educational activities within
the school.”
Student The Equal Access Act
Rights on -4071(c)(4)

18. The Equal Access Act
• What about gay & lesbian
groups?
• What about wiccan?
As long as the meeting does
not “materially and
substantially interfere with
the orderly conduct of
educational activities within
Student the school.”
The Equal Access Act
Rights on -4071(c)(4)

19. The Equal Access Act
What about non-school persons?
“if the schools limited open
forum includes non-student
participation then non-
student participation must be
permitted for all such student
groups.”
Student
Student Coalition for
Rights on Peace v. Lower
Merion School

20. The Equal Access Act
What about non-school persons?
“non-school persons may
not direct, conduct,
control or regularly
attend activities of
student groups.”
Student
The Equal Access Act -4071(c)
Rights on (5)

21. 3. Students
have the
Right to
Carry and
read their
Bible on
Students may carry and read
Campus
their Bible at school.
Student The Equal Access Act 1984 .
Rights on

22. 4. Students
have the
Right to
Have
Religious
The Supreme Court reinstates a US District
Services.H.S.
Court decision that allowed public
students to meet during an activity period for
prayer, Bible Study and religious discussion
during the school day on campus.
Student
Rights on
Bender v. Williamsport
Area School District
1986. (Supreme Court Decision)

23. 5. Students
have the
Right to Be
excused.
Public students cannot be forced
to participate in activities that
violate their religious convictions.
Student West Virginia Board of
Rights on Education vs. Barnette. 1943 .

24. 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.”
Student (Varies state to state)
Rights on
Zorach v. Clauson 1952.

25. 7. Students may
engage in
controversial
Speech.
They may discuss controversial
topics concerning religious,
political and philosophical
viewpoints.
Healy v. James 1972.
Student
Rights on

26. 8. Students Have
the right to
Distribute
Literature
9. Students Have
the right to
wear Christian
T-shirts
The school may impose
restrictions in these areas but
Student they must be the same for both
religious and non-religious content.
Rights on Tinker v. Des Moines 1969

27. 10. Students do
not shed their
Constitutional
Rights at the
Doors of their
School
Both teachers and students retain
their First Amendment rights
while on school grounds.
Student Tinker v. Des Moines
Rights on Independent School District.
1969

28. You are an
American.
The 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
press
Student people peaceably to
assemble…” 1791.
assemble
Rights on The First Amendment
of the U.S. Constitution

29. You are an
American.
The First
Amendment gives
you…
Freedom of Religion
Freedom of Speech
Student Freedom of Press
Rights on Freedom of Assembly
Freedom of Redress

30. You are an
American.
Freedom of Religion
Freedom of Speech
Student Freedom of Press
Rights on Freedom of Assembly

31. Campus
websites:
www.reachthecampus.co
m
www.gocampus.org
www.everyschool.com
Student
Rights on