This document discusses the rules around student religious expression in public schools. It begins by outlining some foundational principles, such as the separation of church and state. It then addresses common myths and misconceptions. The main sections outline what religious expression is permissible for students, such as individual prayer and religious clubs, and what is not, like teacher-led prayer or Bible readings. Specific issues are explored, like religious expression in classrooms, at sporting events and graduations. The goal is to untangle what is truly student-initiated versus school-sponsored religious activities.

1. Student Religious Expression
in Public Schools
What’s Permissible & What’s Not
William Allan Kritsonis, PhD

2. Student religious expression
in public schools
 Foundation Principles
 Dissecting Myths
 Overview of What’s Permissible
 Overview of What’s Not
 Untangling “student-initiated”

3.  Issues/Topics:
– Classrooms
– Student Clubs
– Release Time
– Athletic events
– Assemblies
– Graduation Ceremonies
– Distribution of Literature
– Religious Holidays
– Student Opt-outs: curriculum, garb, holidays
– Teachers

4. Key Word:
Sponsorship

5. America’s Growing Religious
Diversity
 Protestant, Catholic,
Jew
 1600 religions &
denominations

6. Buddhism
 3-4 Million Americans

7. Hinduism
 1.5-2
Million
Americans

8. Islam
 6-8 Million Americans

9. How Religious Diversity
Impacts Schools
 Different traditions &
ways to pray
 Holidays &
observances
 Sensitivity to course
content
 Attire
 Dietary needs

10. Foundation Principles
 Not the business of
government to control,
support or influence the
kinds of prayer Americans
say.
 Government power &
prestige behind religion
places indirect pressure on
religious minorities to
conform to prevailing
expressions.

11.  “Government must avoid sending messages
to religious minorities that they are
outsiders, not full members of the political
community, and an accompanying message
to adherents that they are insiders, favored
members of the political community.”
• Justice Sandra Day O’Connor

12. Trust Relationship
 “Families entrust public schools with the
education of their children, but condition
their trust on the understanding that the
classroom will not be used to advance
religious views that conflict with the private
beliefs of the student or his or her family”
• Justice William Brennan

13.  “The place of religion in our society is an
exalted one, but it is not the place of the
state to interfere with the role of the church,
the family, or the inviolable citadel of the
human heart and mind.”
• Justice Tom Clark

14. Myths
 Students cannot pray, read Bible
 Prayer & Bible reading was common prior
to Court decisions
 Bible cannot be studied in school
 Public schools cannot teach values
 Teachers cannot discuss religion or
acknowledge holidays
 Lack of religion cause of social ills

15. Myth: Students cannot pray,
read the Bible
Fact: Court forbade
school ORGANIZED
or SPONSORED
religion
 Private expression
allowed
 Moments of silence

16. Myth: Prayer & Bible reading
was common
Fact: Only 1/3 of public
schools had organized
religious exercises
before 1962

17. Myth: Bible cannot be studied
in schools
Fact: Court forbade only
inspirational or
devotional study
 Academic study OK

18. Myth: Public Schools cannot
teach values
Fact: Teachers can and
do teach common
values: honesty,
respect, trust, civility,
responsibility, etc.

19. Myth: Teachers cannot
acknowledge religion
Fact: Religious topics may
be discussed when
germane
 Religious themes part of
our history, literature &
social relationships
 However, teachers may
not use religious
references to proselytize

20. Myth: Social problems due to
lack of school prayer
 Non sequitur
 Many causes; no
simple solutions

21. What’s Permissible
 Individual & private prayer
 Moments of silence
 Student-initiated religious clubs (secondary)
 Distribution of religious literature
 Student selected assignments/projects
 Teach “about” religion

22. What’s Not
Rule: School sponsored, directed, controlled or
encouraged religious exercises
 Teacher-led prayer or Bible reading
 Teacher/administrator participating with students
 Turning over classrooms to students or outsiders
 Prayer/Bible reading over public address system
 Prayer/Bible reading at assemblies, concerts, athletic
events, other official activities
 Presentations or distributions by outsiders

23. Quandary: “Student-Led”
 Must be truly student-
controlled or student
autonomy
 Not “student-led” if
part of school
sponsored or
controlled activity
 Student votes

24. Classrooms
 Assignments
 Art-work, projects
 Student presentations
 Teacher discussions
 Teach “about”
religions
 Moments of silence

25. Student Clubs
 Equal Access Act (1984) (secondary)
 Student-initiated & led
 Before or after classes
 Non-curriculum related
 Similar access to facilities, recognition
 Teachers monitor, not participate
 Good News Club

26. Release Time
 School-day religious instruction
 Off-campus
 Meaningfulalternatives
 Good News Club complication

27. Athletic Events
 School controlled and
directed activities
 Student-led prayer
not permitted
 Coach-led prayer
not permitted
 Team prayers ?

28. Assemblies
 School organized,
controlled events
 Outsider access
prohibited
 Student speech
 PublicForum –
“Equal Treatment?”

29. Graduation Prayer
 Clergy prayer not
permitted
 Student led for prayer
not permitted
 Student votes
 Deep South exception
 Baccalaureates

30. Student Distributions
 Same rules as govern
non-religious items
 Schools may impose
reasonable time, place
& manner limits
 Offensive material

31. Religious Holidays
 Observances – OK
 Celebrations – NOT
OK
 Teaching
opportunities
 Carols, sacred music

32. Student Opt-Outs
 Religious holidays &
attend services
 “Offensive” course
material
 Religious garb
 Prayer time?

33. Evolution
 Teaching evolution
permissible
 “Equal time” for
creation science or
“intelligent design”
not permitted

34. Ten Commandments
 Posting of Ten
Commandments in
schools not permitted
 May be used in
academic study

35. Teacher Religious Expression
 Limited Opportunities
(Public Employees)
 Not use classroom to
share faith
 Not participate in
student religious
activities

36. Partnerships
 Church members may
volunteer to tutor,
mentor in schools
 Not for proselytizing

37. Contacts
 American Jewish Congress 212-360-1545
 Americans United 202-466-3234
 ADL 212-885-7733
 Baptist Joint Committee 202-544-4226
 Christian Legal Society 703-642-1070
 First Amend. Center 703-284-2859
 PTA 202-289-6790