There is often confusion among students, teachers, administrators and even lawyers and judges concerning what religious activities are allowed on public school campuses these days. Often events on the news make it seem that nothing concerning religion is allowed anywhere near public places. Fortunately, this is not true. This summary, written and copyrighted by J.W. Brinkley and Roever Communications should help you to be aware of your rights in this area:
- The Right to meet with other religious students.
The Equal Access Act allows students the freedom to meet on campus for the purpose of discussing religious issues. - The Right to identify your religious beliefs through signs and symbols.
Students are free to express their beliefs through signs and symbols (including Christian t-shirts, etc.) - The Right to talk about your religious beliefs on campus.
- The Right to distribute religious literature on campus.
Distributing literature on campus may not be restricted simply because it is religious. - The Right to pray on campus.
Students may pray alone or with others so long as it does not disrupt school activities or is not forced on others. - The Right to carry or study your Bible on campus.
The Supreme Court has said that only state-directed Bible reading is unconstitutional. - The Right to do research papers, speeches, and creative projects with religious themes.
The First Amendment does not forbid all mention of religion in public schools. - The Right to be exempt.
Students may be exempt from activities and class content that contradict their religious beliefs. - The Right to celebrate or study religious holidays on campus.
Music, art, literature, and drama that have religious themes are permitted as part of the curriculum for school activities if presented in an objective manner as a traditional part of the cultural and religious heritage of the particular holiday. - The Right to meet with school officials.
The First Amendment to the Constitution forbids Congress to make any law that would restrict the right of the people to petition the Government (school officials). Freedom of speech is a fundamental right mandated in the Constitution and does not exclude the schoolyard. - The Right to distribute religious literature on campus.
Distributing literature on campus may not be restricted simply because it is religious. - The Right to pray on campus.
Students may pray alone or with others so long as it does not disrupt school activities or is not forced on others.
* Taken from Student's Legal Rights by J.W. Brinkley/Roever Communications
If you would like more information on your legal rights on campus, view the booklet on students rights at the American Center for Law and Justice.
Religion in Public Schools - Federal Guidelines
Federal Guidelines for Religious Expression in Public Schools What are the ground rules for religious expression in public schools? Secretary of Education Richard Riley, at the direction of President Clinton, issued guidelines in 1995 and updated them in 1998 to reflect recent court decisions.
Synopsis of the Guidelines:
- Students have the same right to engage in individual or group prayer and religious discussion during the school day as they do to engage in other comparable activity.
- Local school authorities have "substantial discretion" to impose rules of order but may not structure the rules to discriminate against religious activity or speech.
- Students may attempt to persuade peers about religious topics as they would any other topics, but schools should stop such speech that constitutes harassment.
- Students may participate in before- or after-school events with religious content, such as "see-you-at-the-flagpole" gatherings, on the same terms they can participate in other noncurricular activities on school premises.
- Teachers and administrators are prohibited from either encouraging or discouraging religious activity and from participating in such activity with students.
- Public schools may not provide religious instruction but may teach about religion.
- Students may express their beliefs about religion in homework, artwork and other written and oral assignments. The work should be judged by ordinary academic standards and against other "legitimate pedagogical concerns." Students may distribute religious literature on the same terms other literature unrelated to curriculum can be distributed.
- Schools have "substantial discretion" to excuse students from lessons objectionable on religious or other conscientious grounds. But students generally don't have a federal right to be excused from lessons inconsistent with religious beliefs or practices.
- Schools may actively teach civic values and morals, even if some of those values also happen to be held by religions.
- Students may display religious messages on clothing to the same
extent they may display other comparable messages.
[Source: Kevin Simpson. "Nation searches its soul" (sidebar: "Federal Guidelines"), Denver Post, 20 February 2000.]