Chapter10
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Teachers and The Law
7 th
Chapter 10
When Can Schools Limit
Religious Freedom?
Fischer, Schimmel, Stellman
PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
Key Concepts
When Can Schools Limit Religious Freedom?
Teachers’
Freedom of
Conscience
Religious
Holidays
Students’
Freedom of
Conscience
Copyright © Allyn & Bacon 2007
Chapter 10
When Can Schools Limit Religious Freedom?
Essential Question
Based upon previous experiences or your knowledge of history, how have schools been involved in bitter controversies about religion in schools?
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KEY TERMS- Chapter 10
The Establishment Clause (175)
The Lemon Test (183)
ESEA (192)
EAA (193)
RFRA (195)
IDEA (196)
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Teachers’ Freedom of Conscience
Salient point:
Teachers are adults and paid employees hired to accomplish certain objectives for the community while students are minors and are compelled by law to attend school.
(
Teachers And The Law , 171)
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Teacher Freedom
• Teachers can be excused from saluting the flag.
State law is superseded by the First Amendment of the
Constitution.
• Teachers may not refuse to follow the curriculum if the refusal is based on religious objections.
• Teachers who belong to
Jehovah’s Witnesses are not necessarily unqualified to teach in public schools.
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Religious Holidays
• Teachers may take religious leaves.
• Schools may not pay teachers for religious leaves.
• Within limits, teachers may take unpaid religious holidays at will.
• Teachers may not wear distinctively religious clothing in public schools.
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Students’ Freedom of Conscience
• Students do not have to salute the flag.
• Daily recitation of the
Pledge of Allegiance does not violate the
Establishment
Clause.
• Religion is not only basis for not saluting the flag —it could be a matter of conscience.
• Public schools cannot start the day with prayers.
• Prayers at graduation ceremonies depend on who schedules or arranges the invocations or benediction and whether it is completely secular.
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Case Presentation
Lemon v. Kurtzman Case
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Lemon v. Kurtzman Case
“tripartite test”
• Invocations at school athletic events are not constitutional:
1. Statues must have a secular legislative purpose.
2. The principal or primary effect of a statute must be one that neither advances nor inhibits religion.
3. Statute must not foster an excessive government entanglement with religion.
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Religious Instruction
• Students can receive religious instruction during school hours if the instruction:
– is not conducted on school grounds.
– must be conducted bby teachers or religious figures independent of the school.
– may not paid by the school.
• Silent meditations may be allowed but not
Transcendental Meditation.
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Attendance
• Parents may choose to send their children to alternative schools (private or secular or military schools).
• Vouchers may be used at either public or parochial schools and this process depends on the wording of the law or policy.
• States may exclude religious schools from a statefunded program that subsidizes parents’ choice of private schools.
• Home schools qualifies under the requirement of the particular state.
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Religious Reasons
• Usually state law exempts students from certain courses for religious reasons.
– For ex. ROTC training
– Learning Tree by Gordon Parks
• Children cannot avoid school attendance for religious reasons
-Amish children in Wisconsin
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Religious Reasons
• Teachers can limit the religious content of a writing assignment.
• State may regulate private religious schools.
• Public school teachers may do remedial work in religious schools
• State funds may be used for books and instructional equipment in parochial schools under certain conditions
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Equal Access Act 1984
Typically procedures cite the Equal Access concepts that:
• Use of schools as a limited open forum for those who wish to conduct a meeting
• Does not apply to instructional time; but rather before or after regular school hours
• Must be voluntary and student-initiated
• May not interfere with the conduct of educational activities
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Other Religious Issues
Other religious issues include the facts that:
• religious freedom Restoration Act violate the principle of federalism was unconstitutional.
• students may distribute religious literature at school if the Tinker test provides for no substantial or material disruption of schooling; bibles cannot be distributed in public schools.
• creationism may not be taught in public schools.
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Analysis of
Lemon v. Kurtzman Case
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Complaint
Interrogatories
Initial Proceedings
Facts of claim by plaintiff seeks
Depositions
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
Defendant
Answers
(30 days) or motion to dismiss
Document
Requests
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Chapter 10
When Can Schools Restrict
Religious Freedom?
Essential Question
Based upon the court rulings, in what ways have the schools asserted their right to free exercise of religion without advocating one religion over another?
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