Navigating Religious Rights of Teachers and Students: Establishment, Accommodation, Neutrality, or Hostility? Samuel James Smith, Ed.D. NCPEA Conference Chicago, 2007 Text is limited in the slides of this presentation. However, if the file is saved and opened in the “normal” view, the speaker’s notes are revealed in the textboxes below the slides.

Teaching about Religion Harriet TubmanMoses

Civil Rights Investigation Were a Muslim student’s religious rights violated because he was disciplined for making threats, although jokingly, about shooting other students and bombing the school?

ELCC Standard 4.1.e Candidates develop various methods of outreach aimed at… business, religious, political, and service organizations.

ELCC Standard 5.2.a Candidates demonstrate the ability to combine… impartiality, sensitivity to student diversity, and ethical considerations in their interactions with others.

Relevance to this Conference

First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

ACLU’s mission statement: To protect “freedom of religion supported by the strict separation of church and state”

ACLU Case Samples Graduation ceremony in church sanctuary Planned prayers at graduation Gideon Bible distribution

Liberty Counsel’s mission statement: Dedicated “to advancing religious freedom”

Liberty Counsel Case Samples Denial of equal access to after-school Good News Clubs Prohibition of religious Valentine’s cards Censorship of religious views in student work

What the Principal Displayed

What the Kindergartener Made

Flyer Distribution Controversy in Albemarle County, VA

Guidelines for Navigating Religious Rights First Amendment Center American Jewish Congress Christian Legal Society NEA ASCD PTA …and many others… The following groups have published lists of guidelines:

Student Religious Expression Student non-curricular religious speech should be treated with no more preference nor restriction than is secular speech Religious views are permitted in academic assignments “Equal Access” requires equal treatment of religious and non-religious clubs Guidelines for literature distribution should be the same for both secular and non-secular literature

Teacher Religious Expression Teachers may wear non-obtrusive religious jewelry In front of students teachers may not read scripture in a devotional manner or pray Non-proselytizing religious beliefs may be shared only when asked depending on the developmental ability of students to separate the teacher’s views from the school’s

Teaching about Religion “Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment.” - Abington v. Schemmp (1963)

Graduations and Other Ceremonies Planned prayers are prohibited Speakers may not be selected based on the anticipation that they will or will not pray or read scripture Religious content may not be edited from valedictorian or guest speakers’ messages

Is this display constitutional? December Traditions