Ethical Dilemma
I am a school music teacher and a devout Christian. I tend to choose music that has a
Christian message, and the lyrics might occasionally refer to God or Jesus. A small number of
my students in the class are from diverse religious backgrounds and fell uncomfortable when
singing these lyrics. Should I adjust my curriculum?
The Texas Code of Ethics to which my dilemma relates are standard 3.2 which states the
educator shall not knowingly treat a student in a manner that adversely affects the student’s
learning. Also standard 3.4 the educator shall not exclude a student from participation in a
program, deny benefits to a student, or grant an advantage to a student on the basis of race, color,
sex, disability, national origin, religion, or family status.
My dilemma relates to student’s rights which was focused on in the case of Tinker v. Des
Moines School District., 393 U.S. 503 (1969). The Supreme Court’s opinion in this case was
“First Amendment rights are available to teachers and students. It can hardly be argued that
either students or teachers shed their constitutional rights to freedom of speech or expression at
the schoolhouse gate…” (“Student’s Rights,” par.2) I cannot force the issue of religion at all but
I can offer it in a brief manner. It is the student’s right(s) to remain compelled not to participate
in any activity that will not recognize, offend, or discriminate against their race, religion, gender,
creed, etc.
My dilemma also relates to religion in school. The first amendment does not forbid all
mention of religion in public schools it prohibits the advancement or inhibition of religion by the
state. A second clause in the first amendment prohibits the infringement of religious beliefs.
Public schools are not required to delete from the curriculum all materials which may offend any
religious sensitivity. For example the study of art history would not be complete without
reference to the Sistine Chapel. The study of art during the renaissance period requires
examination of the architecture of the Renaissance Cathedrals. Thus a comprehensive study of
music includes an obligation to become familiar with choral music set to different sacred texts
and religions.
All persons and groups which need to be considered in my dilemma are people from all
religious backgrounds. I need to consider the Jewish, Christians from all denominations, Muslim
and Islamic faiths, Buddhists, Hindu, Mormons, Jehovah’s Witnesses, Atheists, etc. I also need
to consider all races and gender when I teach my curriculum.
My first alternative in my curriculum would be to have my students study all forms of
music. I would first ensure the program is conforming to the constitutional standards of religious
neutrality necessary in the public schools and I would ask myself the following questions. What
is the purpose of the activity? Is the purpose secular in nature, which is, studying music of a
particular composer’s style or historical period? What is the primary effect of the activity? Is it
the celebration of religion? Does the activity either enhance or inhibit religion? Does it invite
confusion of thought or family objections? Does the activity involve excessive entanglement
with a religion or religious group, or between the schools and religious organizations? If my use
of sacred music can withstand the test of these questions it is probably not in violation of the
First Amendment. I should always approve my curriculum with my principal and my school
district.
I could still face several consequences for teaching music in this manner. The Short term
consequences may result in the principal or district not approving my curriculum. The on-going
consequences I would have to face are making sure my curriculum was equally balanced with
respect to each religion. The long term consequences I could possibly face are having my
superiors and parents constantly checking my work more closely. The entire process takes
diligence, patients, and organization. It can add unwanted stress to my teaching career. The
possibility of my relationships with my students, parents, and supervisors may add tension and
frustration if I am not careful in choosing my curriculum.
As a positive reinforcement I would choose songs (containing religious sacred text) from
different religions. I would hold a spring concert in which all members should be allowed to
sing selections in which they feel comfortable in doing so. A disclaimer should be set in place
before the event occurs explaining to the principal and parents what is going to take place and
how I plan to carry out this concert.
I may face several consequences for this plan of action as well as my first plan of action.
I may not have the district support I need for this spring concert. Parents may not agree to let
their children participate in the concert. I may have problems equally incorporating music from
different religious backgrounds into my concert therefore I would have to work harder to make
sure I could equally incorporate all kinds of religious music. Parents and supervisors would still
keep a close eye on my teaching methods using this curriculum. I would have to learn to work
with parents and supervisors in a more close relationship and be open minded to suggestions in
the students learning. I would have to make sure I had a full understanding of each religion to
teach my students and be willing to teach other religious factions.
One Supreme Court case which may apply to this dilemma is the case of Bauchman v.
West High School, 1997. Rachel Bauchman, who is Jewish and was a sophomore at the time,
was enrolled in an a capella choir class taught by Mr. Richard Torgeson. Rachel was happy and
had no problems with the class until she received the repertoire for the school’s upcoming
Christmas concert. Ten of the songs praised Jesus as Lord, Savior and King, the concert was
also to be held at a Christian church or church owned facility, and was contemporary Christian
compositions, not classic pieces by composers such as Handel. Rachel was uncomfortable
singing 10 songs with those lyrics; she was fine with one or two pieces. Rachel expressed her
concern to Torgeson and the school administration. After Rachel sought legal assistance
Torgeson told her she would receive and ‘A’ in the class as long as she sat out in December in
the school library. During the spring semester problems resurfaced again when the choir
performed at various Mormon churches. The final problem occurred when the a cappella choir
performed two religious songs at graduation, the performance was mandatory, and Rachel was
not given the option of sitting out. A Federal District Court refused to stop the choir songs, but
the 10th Circuit Court of Appeals issued an injunction preventing them from being performed.
The 10th Circuit Court of Appeals dismissed many of Rachel Bauchman’s complaints, but
agreed to rule on whether or not her constitutional rights were violated. They found the district
did not infringe upon the First Amendment rights when she was expected to sing religious
Christian songs as part of her participation with the school choir.
I would make amendments to my curriculum. I would make sure my curriculum was
multicultural and took every religion into consideration. I would make sure I had my school
district’s support on my curriculum therefore I would not have to face a court case on my own. I
would make sure my students and parents were well aware of what I would be teaching at the
beginning of the school year to avoid any confusion in the future.
My plan conforms to the Texas Code of Ethics because I am not discriminating against
any religion. I am sending out information ahead of time to encourage input from my student’s
parents. I will gladly take into consideration of all my students’ thoughts and feelings when I
make final plans for my curriculum.
As an educator I commit to supporting the education of music. I will encourage the
expression of various perspectives, ideas, and voices. I will challenge my own beliefs, opinions,
and viewpoints. I will create a safe, respectful, and diverse environment to enhance the learning
community for my students. I will be an advocate for music education and will acknowledge
and respect the diversity represented within each individual.
I may face different negative consequences in my plan of action. One of the negative
consequences which may arise is my being fired. If I do get fired I may have a hard time finding
another teaching position in my district or any of the surrounding districts. I may also have to
deal with having to have a teaching aid or someone set in my classroom to oversee my teaching
methods which may cause added stress to me as a teacher.
Last, my actions will be corrected by writing an apology letter to each student and
their family who I may have offended. In addition to my apology letter, I will make a formal
apology in person to the students and their parents.
References
“Does Music With a Sacred Text Have a Place in the Public Schools?” The National Association
for Music Education. 1996. 24 March 2008.
<http://www.menc.org/publication/books/relig0.html>
“Educators’ Code of Ethics.” TCTA 2002. 24 March 2008.
<http://www.tcta.org/capital/sbec/codeapproved/htm>
“Religion and Prayer in U.S. Public Schools.” Religious Tolerance.org. 12 March 2008.
<http://www.religioustolerance.org/ps_pra9.htm>
“Student’s Rights.” 24 March 2008. <http://www.tentler.com/StudentsRights.htm>