This document summarizes the legal principles around student religious expression in public schools. It outlines what religious expression is permissible, such as individual prayer and moments of silence, and what is not, such as school-sponsored or led prayer. It also discusses related issues like religious clubs, holidays, curriculum and teacher expression. The document aims to untangle legal myths and provide clarity on what activities and expressions are allowed according to court rulings regarding the separation of church and state in public schools.

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 Meaningful alternatives 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 Public Forum – “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