Religion in Schools
Case Problem 2
Nathan DeBaillie, Cindy
Eimer, Eric Jennings, Kristi
Loy, Allison Ryser, Caitlin
Watson
Handbook Entries and Administrative
Procedures for High School


There are no current policies that addresses
holiday celebrations, the Pledge of
Allegiance, or pre-game prayers.
We make the following recommendations to
improve the current handbook.
Holiday Celebrations
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
The Student Handbook will state:
Holiday musical performances may contain some
music of religious nature, as long as the sectarian
selections do not dominate the performance to the
point of promoting a specific religion.
[Bauchman v. West High School; R.J.J. v. Shineman, 658
S.W.2d 910, 913 (Mo. Ct. App. 1983)
Holiday Celebrations

Students who do not wish to participate in holiday
celebrations due to religious beliefs may opt out of
the objectionable activities and substitute a
comparable educational experience that satisfies
curriculum requirements.
[(Mozert v. Hawkins County, 827 F 2d. 1058 (6th Cir. 1987)]
Holiday Celebrations
Reasoning

The importance of holidays, whether religious or
secular, may be explained and discussed in an
impartial manner as part of regular classroom
instruction. (Clever v. Cherry Hill Township Bd. Of
Educ., 838 F. Supp. 929, 939 (D.N.J. 1993)
Holiday Celebrations
Reasoning

“The constitution does not require that the purpose
of every government-sanctioned activity be unrelated
to religion.”
(Justice O’Conner in Lynch v. Donnelly, 465 U.S. 668)

It is constitutionally permissible to "advance the
students' knowledge and appreciation of the role that
our religious heritage has played in the social,
cultural and historical development of civilization.“
[Florey v. Sioux Falls Sch. Dist., 619 F.2d 1311 (8th Cir.), cert.
denied, 449 U.S. 987 (1980)]
Pledge of Allegiance


The student handbook will state:
Illinois law requires the recitation of the
Pledge of Allegiance by pupils in Illinois
public elementary and secondary schools
each day. However, students who object are
not compelled to participate.
105 ILCS 5/27-3
Pledge of Allegiance
Reasoning



Newdow v. US Congress
Newdow, an atheist, objected to daughter’s exposure to
the words “under God” in the Pledge of Allegiance.
Supreme Court used three questions to identify religious
rights infringements in the school district’s policy.
–
–
–

Was this done for religious purposes? (No)
Does it have religious effects? (No)
Is it attempting to endorse religion? (No)
Pledge of Allegiance was held to be constitutional.
Pledge of Allegiance
Reasoning

Newdow Case
–

Court referred to West Virginia v. Barnette
–
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Court emphasized that objecting students were not required
to stand up and recite the Pledge.
Policy requiring students to salute the flag was ruled
unconstitutional
Elk Grove developed a number of procedures to
accommodate students who opt out of the Pledge
based on the Barnette case.
Pre-game prayers


The student handbook will state:
Students have the right to voluntarily
engage in individually initiated, nondisruptive prayer. Students should not ask
other members of the school community to
participate.
Pre-game Prayer
Reasoning

Law reserves the students’ right to free
speech
–

Faculty/Staff cannot initiate prayer
–

Prayer’s are not considered offensive
Violation of the Establishment Clause
School district cannot intentionally provide a
forum to promote a single religion
Pre-game Prayer
Reasoning

(105 ILCS 20/5)
–

Engel v. Vitale, 1962
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
Made it unconstitutional for a school official to initiate prayer
Santa Fe Independent School District v. Jane Doe,
2000
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students may voluntarily engage in student-initiated prayer
consistent with the Free Exercise and Establishment Clauses of
the United States and Illinois Constitutions, and is not sponsored,
promoted, or endorsed in any manner by the school or any
school employee.
Declared student led, district sponsored, prayer unconstitutional
Chandler v. James, 2000
–
Found genuine student-initiated religious speech Constitutional
because it is private speech endorsing religion
Conclusion
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
As administrators we must consider the
ramifications of not having a handbook that
properly follows school code.
The recommendations given will ensure the
student handbook section on religion in
schools will be legally defensible in a court of
law.