Teachers and The Law 7 th Chapter 10

Key Concepts When Can Schools Limit Religious Freedom? Teachers’ Freedom of Conscience Religious Holidays

Chapter 10 When Can Schools Limit Religious Freedom? Essential Question Based upon previous experiences

KEY TERMS- Chapter 10 The Establishment Clause (175) The Lemon Test (183) ESEA (192)

Teachers’ Freedom of Conscience Salient point: Teachers are adults and paid employees hired to

Teacher Freedom • Teachers can be excused from saluting the flag. State law is

Religious Holidays • Teachers may take religious leaves. • Schools may not pay teachers

Students’ Freedom of Conscience • Students do not have • Public schools cannot to

Case Presentation Lemon v. Kurtzman Case Copyright © Allyn & Bacon 2007

Lemon v. Kurtzman Case “tripartite test” • Invocations at school athletic events are not

Religious Instruction • Students can receive religious instruction during school hours if the instruction:

Attendance • Parents may choose to send their children to alternative schools (private or

Religious Reasons • Usually state law exempts students from certain courses for religious reasons.

Religious Reasons • Teachers can limit the religious content of a writing assignment. •

Equal Access Act 1984 Typically procedures cite the Equal Access concepts that: • Use

Other Religious Issues Other religious issues include the facts that: • religious freedom Restoration

Analysis of Lemon v. Kurtzman Case Copyright © Allyn & Bacon 2007

Initial Proceedings Complaint Interrogatories Facts of claim by plaintiff seeks Depositions Defendant Answers (30

Chapter 10 When Can Schools Restrict Religious Freedom? Essential Question Based upon the court

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Teachers and The Law 7 th Chapter 10 When Can Schools Limit Religious Freedom? Fischer, Schimmel, Stellman Power. Point Presentation Gerri Spinella Ed. D. Elizabeth Mc. Donald Ed. D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: • any public performance or display, including transmission of any image over a network; • preparation of any derivative work, including the extraction, in whole or in part, of my images; • any rental, lease, or lending of the program. 1

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? Copyright © Allyn & Bacon 2007

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) Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

Students’ Freedom of Conscience • Students do not have • Public schools cannot to salute the flag. start the day with prayers. • Daily recitation of the Pledge of Allegiance • Prayers at graduation does not violate the ceremonies depend Establishment Clause. on who schedules or arranges the • Religion is not only invocations or basis for not saluting benediction and the flag—it could be a whether it is matter of conscience. completely secular. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

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 Copyright © Allyn & Bacon 2007

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 Copyright © Allyn & Bacon 2007

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 Copyright © Allyn & Bacon 2007

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. Copyright © Allyn & Bacon 2007

Initial Proceedings Complaint Interrogatories Facts of claim by plaintiff seeks Depositions Defendant Answers (30 days) or motion to dismiss Document Requests Discovery Begins Settlement Conference Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Copyright © Allyn & Bacon 2007

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? Copyright © Allyn & Bacon 2007