Chapter 7 - William Allan Kritsonis, Lecture Notes

8/20/2019 Chapter 7 - William Allan Kritsonis, Lecture Notes

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William Allan Kritsonis, PhD

Chapter 7

Religion in the Schools



The Legal Framework:No Government Establishment of

Religion

“Congress shall make no law respecting anestablishment of religion, or prohibiting the

free exercise thereof….”

This statement is applies to state governments andpublic schools through the Fourteenth mendment



wo st nct omponents othe

Fourteenth AmendmentEstablishment Clause• “!o law respecting an establishment of religion”

Free Exercise Clause

• “or prohibiting the free exercise thereof”



Free Exercise of Religion

The second component of the Firstmendment of the ".#. Constitution isthe free exercise clause$ “or

prohibiting the free excise of thereof.”

This clause assures that people shall be free to

exercise their religious beliefs withoutgovernment restraints or persecution.



Early Landmark Cases The %stablishment Clause

Everson v. Board of Education The &rst ma'or case involving the establishment and education, the ".#.#upreme Court struggled to &nd a consistent wa( to decide establishmentclauses cases.

West Virginia tate Board of Education v. Barnette,! upreme Court ruling that the school "oard could not compel #ehovah$s Witnesses to

alute the !ag" #o$ernment may ne$er compel a person to profess a %elief"

)*+

)*+-

)*+

%cCollum v. Board of Education The court ruled that a release/time program in which religious instruction was given tostudents on a voluntar( basis in the public schools breached the wall of separation.0 this caswas &led a (ear later.

E & E



E$erson $s" &oar o E ucat on

'()*+,

The &rst an initial 1andmark Case as itpertains to a ma'or case involving the

establishment clause and education, ".#.#upreme court struggled to &nd a

consistent wa( to decided establishmentclause cases.



Early Landmark CasesFree %xercise of 2eligion

Reynolds $" -nited tates The &rst ma'or case involving the establishment and education, the ".#.#upreme Court struggled to &nd a consistent wa( to decide establishmentclauses cases.

Lam%.s Chapel $" Center /oriches -nion Free

chool District This law prohibits school o3cials from den(ing religious groups the same

access to school facilities a4orded to other communit( organi5ations.

)--

)**

677) #ood 0ews Clu% $" /ilford Central chool

the Fifth Circuit grappled with a 1ouisiana school district8s refusal to allow theChristian Coalition to sue school facilities after/ours for a pra(er meeting.



chool 1rayer

9ore than fort( (ears ago the ".#.#upreme Court handed down two ma'or

school pra(er decisions

L



•Lan mar aseEngel v. Vitale (1962)

-

The &rst 1andmark Case pertaining to #chool :ra(er

- ;nvolved denominationall( neutral pra(er composed b( the!ew <ork #tate =oard of 2egents$ “lmight( >od, we

acknowledge our dependence upon The, and we beg The

blessings upon us, our parents, our teachers and our

Countr(.”



School District of bington v.

Schem!! (196")•

The second case as it pertains to #chool:ra(er in public school s(stems.

• ;nvolved state laws re?uiring selection and

reading of passages from the =ible andrecitation of the 1ord8s :ra(er



ix #uidelines Esta%lished ForTeaching Religion 2n 1u%lic chool

).The school@s approach to religion must be academic, not devotional. 6. The school ma( attempt for student awareness of religion but

should not force for student to receive of an( one religion.

. The school ma( sponsor stud( about religion but ma( not sponsorthe practice of religion.

+. The school ma( expose students to a diversit( of religious viewsbut ma( not impose an( particular view.

A. The school ma( educate about all religions but ma( not promote ordenigrate an( religion.

B. The school ma( enlighten the student about various beliefs but

should not seek to con&ne him or her to an( particular belief.

These guidelines should minimi5ed damaging lawsuits



tudent Papers and Presentations on &eligious

'opics

Enacted as part of RVAA in 2007, TEC§25.15g!idelines iss!ed "# the $.S. %epart&ent of

Ed!cation as part of the 'o Child (eft )ehind Act

Allo*s st!dents to con+e# their "eliefs a"o!t

religion thro!gh

•o&e*or-

•Art*or-

•

ritten and oral assign&ents *ith penalt# or re*ard

a/el*ood School %istrict +. !hl&eier gi+e

teacher control o+er their classroo& as long

legiti&ate pedagogical p!rpose.



Choir Programs

A significant ea&ple of the conflict that rose o+er incl!sionof religio!s &!sic in a schools perfor&ing arts c!rric!l!& is

the long3r!nning arg!&ent in the Salt (a-e Cit# School

%istrict. 4n 15 a 6e*ish choir st!dent opposed to the

singing of 8a# the (ord )less 9o! and eep 9o! and:riends; at the high school grad!ation.



olida# <"ser+ances

The $.S. S!pre&e Co!rt has had a diffic!lt ti&e deter&ining to

*hat etent religion can "e incl!ded in go+ern&ent3sponsored

holida# o"ser+ances. :or ea&ple, the high co!rt allo*ed a cit#s

incl!sion of a 'ati+it# scene as part of an ann!al cit# Christ&asdispla# =(#nch +. %onnell#, 1>?@.



• 4n the p!"lic school contet, the leading case on holida# o"ser+ance re&ains

Florey v. Sioux Falls School District , a 1>0 decision of the $nited States

Co!rt of Appeals for the Eighth Circ!it, *hich has !risdiction o+er an!&"er of 8id*estern states. :lore# in+ol+ed a school polic# allo*ing

teachers to o"ser+e holida#s that ha+e "oth a religio!s and sec!lar "asis.

A&ong the& *ereB Christ&as

Easter

asso+er

an!--ah

St. Valentines %a#

St. atric-s %a#

allo*een

• The school polic# allo*ed eplanation of the nat!re of the holida#s in an

!n"iased and o"ecti+e &anner.

olida# <"ser+ances cont.



Clergy in the chool

The school district has the a!thorit#, and the responsi"ilit#, to pre+ent

in+ited clerg# fro& prosel#ti/ing st!dents on school gro!nds lest the school

gi+e the appearance of endorsing religion. The )ea!&ont 4.S.%. instit!ted a

+ol!nteer co!nseling progra& in 1D called Clerg# in the Schools.

=<ford +. )ea!&ont 4.S.%., 2002@. The !dge rendered the Clerg# in the

Schools progra& an !nconstit!tional ad+ance&ent of religion.



%4STR$)$T4<' <: RE(44<$S

(4TERAT$RE

• 4t is i&per&issi"le for school

personnel or o!tside organi/ations todistri"!te )i"les and other religio!s

&aterial to p!"lic school st!dents on

school gro!nds.

• Meltzer v. Board of Public Instruction,

the 19!• "lar# v. Dallas I.S.D. that st!dent

distri"!tion of religio!s &aterial is

*ithin the a&"it of the :irst

A&end&ent free speech cla!se,

s!"ect to reasona"le ti&e,F placeinstit!ted "# the school =e.g.,

distri"!tion li&ited to the area o!tside

the cafeteria "!t not *ithin it@.

EAR4' RE(44<$S S98)<(S

• :or Teachers3Title V44 of the 1D? Ci+il

Rights Act pre+ents discri&ination in

e&plo#&ent on the "asis of race, color,religion, se, or national origin.

• :or St!dents3Teas p!"lic school

st!dents ha+e li&ited personal groo&ing

rights !nder federal and state la*.

Altho!gh, the school district can i&poserestricti+e dress codes.

)!t their :irst A&end&ent rights to

engage in religio!sl# &oti+ated speech

and free eercise of religion cannot "e

den#.



• ;n )*-+, Congressenacted the %?ualccess ct %D, whichgives non/curriculum/

related student groupsaccess to publicsecondar( schoolsduring no instructional

time to engage inreligious, political,philosophical, or othert(pes of expression.

• The law applies onl( tosecondar( schoolcampuses in districtsreceiving federal &nancial

assistance and onl( ifschool o3cials haveconverted the campusinto a Elimited open

forumE b( allowing one ormore non/curriculum/related student groups tomeet on campus.

tudent &eligious (roup %eeting on Campus



•Religious Exemptions

West Virginia State Board of Education v. Barnette, a)*+ ".#. #upreme Court ruling the most celebratedfree exercise case.

The ehovah8s Gitness does not have to salute the

Hag. The ehovah8s Gitness saluting the Hag meantworshipping a graven image.

Gisconsin v. <oder )*6D, involving the religious

ob'ections of the Ild Irder mish to compulsor(schooling be(ond the eighth grade.



Chapter Se+en TEES G!estions

1. 4n order for a la* or a practice to "e constit!tional, it had to pass all three of

the so3called (e&on g!idelines. hat land&ar- case did these g!idelines

ste& fro&H

A. (e&on +. The )oard of Ed!cation

). (e&on +. illia&son

C. (e&on +. o!ston 4ndependent School %istrict

%. (e&on +. !rt/ &an

2. Conte&porar# iss!es that pertain to the role of religion in Teas schools are B

A. earing religio!s s#&"ols

). The ledge of Allegiance

C. St!dent Religio!s <rgani/ations andIor gro!ps

%. All of the A"o+e



. The &ost cele"rated free eercise case is est Virginia State )oard of Ed!cation +. )arnett, *hat &a-es

this co!rt case i&portantH

A. 4t asserts that the go+ern&ent is allo*ed to co&pel a person to profess a "elief.

). 4t asserts that the schools are allo*ed to !se their o*n discretion *hen it pertains to st!dents and ho*

the# are allo*ed to displa# their religio!s "eliefs.

C. 4t asserts that the go+ern&ent &a# ne+er co&pel a person to profess a "elief.

%. 4t asserts that the school district is allo*ed to deter&ine *hat is appropriate and inappropriate as it

pertains to the profession of religio!s acti+ities and practices on school ca&p!s.

?. A coalition of se+enteen religio!s and ed!cational organi/ations has esta"lished si g!idelines for

teaching religion in p!"lic school. hich one *as not one of the si g!idelinesH

E. The schoolJs approach to religion &!st "e acade&ic, not de+otional.

:. The school &a# sponsor st!d# a"o!t religion "!t &a# not sponsor the practice of religion.

. The school &a# stri+e for st!dent a*areness of religion "!t sho!ld press for st!dentJs acceptance of

an# one religion.

. The school &a# epose st!dents to a di+ersit# of religio!s +ie*s "!t &a# not i&pose an# partic!lar+ie*.

4. The school &a# ed!cate a"o!t all religions "!t &a# not pro&ote or denigrate an# religion

TEES G!estions cont.J



TEES G!estions cont.J

5. The principal of estside )an- igh School *as faces *ith a gro!p of st!dents *anting to

ha+e a "efore school "i"le st!d# on ca&p!s. hat gi+es the principal the right to allo* thest!dents accessH

A The :irst A&end&ent

). The Teas Religio!s :reedo& Act TR:A

C. EK!al Access Act EAA

%. The %istrict School )oard



Discussion 3uestions

1. As it pertains to this chapter on the legal fra&e*or- of the ed!cational s#ste&, thefo!rteenth a&end&ent is "ased on t*o distinct cla!ses, *hat are the#H hat is

#o!r interpretation of the t*o cla!sesH

2. According to the so3called (e&on g!idelines, *hat are the three

g!idelines has to "e passed in order for a la* or practice to "e constit!tionalH

. Eplain ho* the EK!al Access Act =EAA@ applies to religion in the schools.



References

6i& alshL :ran- e&ererL (a!rie 8aniotis. The Ed!cators !ide to

Teas School (a*B Se+enth Edition

Chapter 7 - William Allan Kritsonis, Lecture Notes

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