Ch. 13.2
Freedom of
Religion:
Student Rights
at school
Separation of
Church & State
• There is no such phrase in the
constitution.
•So where does it come from?
Student Rights at
School
•The establishment clause!
Separation of
Church & State
The Establishment Clause
“Congress shall make no law
respecting an establishment of
religion or prohibiting the free
exercise thereof…” 1791.
Student Rights at
School
The First Amendment
the U.S. Constitution
**So what does this mean for
students?
of
1. Students have
the right to Pray
at school
Only…“Official State
composed prayers are
excluded from the school.”
Student Rights at
school
Engle v. Vitale 1962.
2. Students have
the Right to
Meet together
for Bible Study
“it shall be unlawful for any public
secondary school to deny Equal
access to any students who wish to
conduct a meeting on the basis of
the religious content at such
meetings.”
Student Rights at
School
The Equal Access Act -1984 .
The Equal Access Act
*Important: Congress recognized
that our government should not
promote religion.
*However, the Equal Access Act
doesn’t promote religious activity,
rather it gives it neutral treatment.
Student Rights at
School
What does this mean?
The Equal Access Act -4071(c)(4)
The Equal Access Act
Does the Equal Access Act apply to
every school?”
Student Rights at
School
•
if it’s a secondary school
•
if it receives Federal funding
•
if has a “limited open forum”
The Equal Access Act -4071(a)(4)
The Equal Access Act
What is a “limited open forum?”
• Some places like parks
are a “completely open
forum”
• Schools have a created
an open forum for a
particular group of
Student Rights at
School
people – Students.
The Equal Access Act -1984
The Equal Access Act
Do all schools have a “limited
open forum?”
• No. But most do.
• If any non-curriculum
student groups are allowed
to meet, then the Equal
Access Act is triggered.
• Do we have any here at
Cuyahoga Falls High?
The Equal Access Act -1984
The Equal Access Act
Does that mean that anybody
can start a club for any reason?
•
any beliefs
•
any size
As long as the meeting does
not “materially and
substantially interfere with
the orderly conduct of
educational activities within
the school.”
The Equal Access Act -4071(c)(4)
The Equal Access Act
Can we talk about anything we
want to?
The school does not need to concern itself with the
content of the religious speech – only whether the
speech:
• Is illegal
• Threatens the well-being of teachers or students
• Is not voluntary
• Materially & substantially interferes with the
orderly conduct of educational activities
within the school
The Equal Access Act -4071(c)(4)
The Equal Access Act
• What about gay & lesbian
groups?
• What about atheists?
As long as the meeting does
not “materially and
substantially interfere with
the orderly conduct of
educational activities within
the school.”
The Equal Access Act -4071(c)(4)
The Equal Access Act
What about non-school persons?
“non-school persons may
not direct, conduct,
control or regularly
attend activities of
student groups.”
The Equal Access Act -4071(c)(5)
3. Students have
the Right to Be
excused.
Public students cannot be forced
to participate in activities that
violate their religious convictions.
West Virginia Board of Education vs.
Barnette. 1943 .
4. Schools may
Accommodate
students
religious needs.
Students may be released during the
school day to receive religious
instruction off campus.
Called “Release time education.”
(Varies state to state)
Zorach v. Clauson 1952.
5. Students may
engage in
controversial
Speech.
They may discuss controversial
topics concerning religious,
political and philosophical
viewpoints.
Healy v. James 1972.
6. Students do not
shed their
Constitutional
Rights at the Doors
of their School
Both teachers and students retain
their First Amendment rights
while on school grounds.
Tinker v. Des Moines Independent
School District. 1969
• Does this mean you can “practice”
a religion during the school day?
• NO!!!
• Free exercise Clause
– “Congress shall make no law
prohibiting the free exercise”
of religion.
– What does that mean?
• You can believe in
anything you want.
– You can’t behave as
you wish!