Students Rights 2, Dr. W.A. Kritsonis, Public School Law
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Transcript of Students Rights 2, Dr. W.A. Kritsonis, Public School Law
8/14/2019 Students Rights 2, Dr. W.A. Kritsonis, Public School Law
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Student Religious ExpressionStudent Religious Expression
in Public Schoolsin Public Schools
What’s Permissible & What’s Not
William Allan Kritsonis, PhD
8/14/2019 Students Rights 2, Dr. W.A. Kritsonis, Public School Law
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Student religious expressionStudent religious expression
in public schoolsin public schools
Foundation Principles
Dissecting Myths
Overview of What’s Permissible
Overview of What’s NotUntangling “student-initiated”
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Issues/Topics:
– Classrooms
– Student Clubs – Release Time
– Athletic events
– Assemblies
– Graduation Ceremonies
– Distribution of Literature
– Religious Holidays
– Student Opt-outs: curriculum, garb, holidays – Teachers
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Key Word:Key Word:
Sponsorship
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America’s Growing ReligiousAmerica’s Growing Religious
DiversityDiversity
Protestant, Catholic,
Jew 1600 religions &
denominations
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BuddhismBuddhism
3-4 Million Americans
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HinduismHinduism
1.5-2 Million
Americans
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IslamIslam
6-8 Million Americans
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How Religious DiversityHow Religious Diversity
Impacts SchoolsImpacts SchoolsDifferent traditions &
ways to pray
Holidays &observances
Sensitivity to course
content
Attire
Dietary needs
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Foundation PrinciplesFoundation Principles
Not the business of government to control,support or influence the
kinds of prayer Americanssay.
Government power & prestige behind religion places indirect pressure on
religious minorities toconform to prevailingexpressions.
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“Government must avoid sending messages
to religious minorities that they areoutsiders, 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
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Trust RelationshipTrust Relationship
“Families entrust public schools with the
education of their children, but condition
their trust on the understanding that theclassroom 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
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“The place of religion in our society is an
exalted one, but it is not the place of thestate to interfere with the role of the church,
the family, or the inviolable citadel of the
human heart and mind.”• Justice Tom Clark
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MythsMyths
Students cannot pray, read Bible
Prayer & Bible reading was common prior
to Court decisionsBible cannot be studied in school
Public schools cannot teach values
Teachers cannot discuss religion or acknowledge holidays
Lack of religion cause of social ills
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Myth: Students cannot pray,Myth: Students cannot pray,
read the Bibleread the BibleFact: Court forbade
school ORGANIZED
or SPONSOREDreligion
Private expression
allowed
Moments of silence
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Myth: Prayer & Bible readingMyth: Prayer & Bible reading
was commonwas common
Fact: Only 1/3 of public
schools had organizedreligious exercises
before 1962
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Myth: Bible cannot be studiedMyth: Bible cannot be studied
in schoolsin schools
Fact: Court forbade only
inspirational or devotional study
Academic study OK
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Myth: Public Schools cannotMyth: Public Schools cannot
teach valuesteach values
Fact: Teachers can and
do teach commonvalues: honesty,
respect, trust, civility,
responsibility, etc.
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Myth: Teachers cannotMyth: Teachers cannot
acknowledge religionacknowledge 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
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Myth: Social problems due toMyth: Social problems due to
lack of school prayer lack of school prayer
Non sequitur
Many causes; nosimple solutions
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What’s PermissibleWhat’s Permissible
Individual & private prayer
Moments of silence
Student-initiated religious clubs (secondary)
Distribution of religious literature
Student selected assignments/projectsTeach “about” religion
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What’s NotWhat’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
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Quandary: “Student-Led”Quandary: “Student-Led”
Must be truly student-
controlled or student
autonomy Not “student-led” if
part of school
sponsored or
controlled activityStudent votes
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ClassroomsClassrooms
AssignmentsArt-work , projects
Student presentationsTeacher discussions
Teach “about”
religionsMoments of silence
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Student ClubsStudent Clubs
Equal Access Act (1984) (secondary)
Student-initiated & led
Before or after classes
Non-curriculum related
Similar access to facilities, recognitionTeachers monitor, not participate
Good News Club
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Release TimeRelease Time
School-day religious instruction
Off-campusMeaningful alternatives
Good News Club complication
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Athletic EventsAthletic Events
School controlled and
directed activities
Student-led prayer not permitted
Coach-led prayer
not permittedTeam prayers ?
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AssembliesAssemblies
School organized,
controlled events
Outsider access prohibited
Student speech
Public Forum –
“Equal Treatment?”
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Graduation Prayer Graduation Prayer
Clergy prayer not
permitted
Student led for prayer not permitted
Student votesDeep South exception
Baccalaureates
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Student DistributionsStudent Distributions
Same rules as govern
non-religious items
Schools may imposereasonable time, place
& manner limits
Offensive material
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Religious HolidaysReligious Holidays
Observances – OK
Celebrations – NOT
OK
Teaching
opportunities
Carols, sacred music
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Student Opt-OutsStudent Opt-Outs
Religious holidays &
attend services
“Offensive” coursematerial
Religious garb
Prayer time?
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EvolutionEvolution
Teaching evolution
permissible
“Equal time” for creation science or
“intelligent design”
not permitted
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Ten CommandmentsTen Commandments
Posting of Ten
Commandments in
schools not permittedMay be used in
academic study
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Teacher Religious ExpressionTeacher Religious Expression
Limited Opportunities
(Public Employees)
Not use classroom toshare faith
Not participate in
student religious
activities
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PartnershipsPartnerships
Church members may
volunteer to tutor,
mentor in schools Not for proselytizing
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ContactsContacts
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
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