Religion and the School Induction Institute November 7, 2013

Presentation Goals Provide a working understanding of the District’s Religious Expression in the Instructional Program Policy Discuss the complex nature of the issues the policy seeks to address. Offer a framework within the policy and regulatory guidelines to analyzing those issues

Presentation Goals Instructional Practices and classroom activities involving religious content and symbols Students’ rights related to religious expression Staff rights related to religious expression Student Absences for religious observation Where to go for requests for clarification

Background Establishment Clause of the First Amendment of the United States Constitution “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Where the government's actual purpose in taking an action is to convey a message endorsing religion, such action violates the First Amendment's prohibition against the establishment of religion . Appeal of GEORGE SEBOUHIAN COMM DEC 12,679 Also Discuss how Freedom of Speech also impacts the issue

What Do You Think? Fact Patterns Review the two fact patterns on the handout. For each, reflect on whether the actions taken should be allowed. These situations are real and have been litigated in front of the NYS Commissioner.

Background Spring 1999 – Superintendent – ILC – Review ILC – ROC – Studied Policy December 2003 – Incidents, Scrutiny ROC – ROAC – new policies / new procedures

Background This is not just theory but in late 2003 and early 2004 there as a significant community controversy over this balance.

Background In depth Study – BOE, Admin, ILC, Consultant (Joe Ferguson) – First Amendment Center Religious Expression in the Instructional Program Policy – re-written as policy 8360 in 2005.

POLICY 8360 PCSD appreciates and supports diversity of religions and customs in our community and believes, - School must be a Respectful and Safe Environment - That Education is incomplete without knowledge of diverse religions, beliefs, spiritual practices The philosophy behind the policy is respect, balance and sound education. The point is not to scrub clean from our school any discussion or knowledge of religion but to not allow for an endorsement of any particular faith or religious point of view. The district recognizes the rights of students and staff to exercise their religious freedom in ways that are consistent with applicable judicial decisions interpreting the religion clauses of the First Amendment of the US constitution.

POLICY 8360 The District, Will maintain official neutrality regarding sectarian religious issues and will neither advance nor inhibit religion. Will not endorse specific religious practices or doctrines, nor coerce participation in religious activity. Recognizes its obligation to balance the rights of individuals with the responsibility for the Separation of Church and State. The district recognizes the rights of students and staff to exercise their religious freedom in ways that are consistent with applicable judicial decisions interpreting the religion clauses of the First Amendment of the US constitution.

Regulations By adhering to these principles the BOE seeks to: Promote a mutual understanding and respect for the interests and rights of all individuals regardless of their beliefs, non-beliefs, or practices. Schools may not endorse specific religious practices or coerce participation in religious activity by, among other things, providing a captive audience for such activities.

Instructional Practices Teachers may teach about religion as part of both elementary and secondary curriculum providing that they remain neutral in their efforts. Neutrality means neither opposing nor promoting religion; it should not be interpreted as remaining silent about religion. Teaching about religion is viewed as instructing about the impact of religion in literature, history, the arts, and other disciplines. Distribute Classroom Activities Handout.

Instructional Practices The Board believes that religious instruction is the responsibility of parents and religious institutions.   Teachers may teach about religion.    Teaching about Religion Religious Instruction

Instructional Practices Discussion Point: With a partner, create a scenario that would be on the line between teaching about religion and religious instruction? Teaching about Religion Religious Instruction

Instructional Practices Comments by a student regarding his/her beliefs should be treated with respect and may be included in the lesson based upon the educational relevancy. As part of the curriculum, religious literature, music, drama, and arts may be included provided each is intrinsic to the learning experience and presented objectively. Presentations and activities as part of the study of religions or religious holy days should be instructional rather than celebratory. For example, if someone were to give a presentation on Ramadan, Christmas or Hanukkah it would be appropriate to do similar activities with other religions as well.

Classroom Activities District Regulations discuss Instructional Practices and Classroom Activities as they relate to Religious Expression in the Instructional Program. When integrating study about religion into existing materials or course, teachers should ask themselves these three (3) questions about the activity to ensure it is appropriate. On the elementary level, opportunities arise in discussions and activities related to family and community life for the study of religion to occur. On the secondary level, many curricula offer opportunities for inclusion of information about religions.

Classroom Activities (1) Does this activity have a bona fide secular, civic or educational purpose? (2) Does this activity’s primary effect neither advance nor inhibit religion? Is its primary effect neutral? (3) Does this activity avoid excessive entanglement between school and religious organizations? Question 1 Example - Music teachers incorporating the study of sacred music into the curriculum or elementary teachers teaching about various religious and cultural holidays are both appropriate because of their secular, educational intent. Question 2 Note - It should not be reasonably interpreted from this activity that the teacher is promoting any particular religion or se of beliefs.

Symbols and Displays  Displays of religious symbols are permitted as a teaching aid or resource for a specific period of time when teaching about religion in the classroom. Such religious symbols may be included in school-wide displays as a component of a building plan intended to teach about religious customs or beliefs and/or to educate about multiple cultures.

Symbols and Displays In creating the plan for display of religious symbols, the three questions should again be asked: Does this activity have a bona-fide secular, civic or educational purpose? Does this activity’s primary effect neither advance nor inhibit religion? Is its primary effect neutral? Does this activity avoid excessive entanglement between school and religious organizations? The three questions for both classroom activities and for symbol and displays are from the Lemon test. Lemon v. Kurtzman, 403 U.S. 602 (1971) Could you see someone in good faith applying the Lemon Test and disagreeing with the Commissioner?

Symbols and Displays  School property falls within the guidelines for display of religious, secular or ethnic symbols associated with religious holidays.  All buildings occupied by the District are guided by the same regulations for the display of religious, secular, or ethnic symbols associated with religious holidays. School property includes lockers, desks, counters, workspace, or entryways

Class Activities Discussion Point: Using the three questions, analyze with your partner the previous scenario you created, as well as the two initial fact patterns. Determine for each fact pattern whether it is religious instruction or teaching about religion. Provide handout. Did your answers change from your initial response to the two fact patterns.

Celebrations Classroom parties may not be in celebration of religious holidays. If the content of an activity, discussion or celebration conflicts with any child’s religious belief, that child may be excused from the activity.

Analyzing the Decision Discussion Point: Appeal of DONNA CAYOT – Do you agree?

Establishment Clause Establishment Clause of the First Amendment of the United States Constitution “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Where the government's actual purpose in taking an action is to convey a message endorsing religion, such action violates the First Amendment's prohibition against the establishment of religion . Appeal of GEORGE SEBOUHIAN COMM DEC 12,679 Also Discuss how Freedom of Speech also impacts the issue

Student Religious Expression 7.1. During instructional time students may express personal religious beliefs as long as the expression is relevant to the activity or curriculum under discussion. - Students submitting homework, artwork ,etc with religious content. - Student presentations with religious content relevant to the curriculum and matters being discussed. - Reading religious books or materials to themselves - Praying alone or with other students in hallways, cafeterias, around the flagpoles or at athletic contests. - Discussing religious views with other students or attempting to persuade peers about religious topics as long as it does not constitute harassment

Student Religious Expression 7.2 Religious expressions considered inappropriate include that which: a. Interfere with order and discipline b. Violate school rules c. Impinge on the rights of others d. Constitute harassment e. Endanger persons or property f. Create a coercive atmosphere g. Violate the atmosphere of civility and propriety appropriate to the instructional setting.

Student Religious Expression  7.4. If a student presentation fits within the context of the assignment or curriculum, students may present about religious topics or engage in other religious expression during instructional time.  7.5. Students may wear religious attire, such as yarmulkes and headscarves, and may not be required to wear gym clothes that they may regard, on religious grounds, as immodest. Religious expression on t-shirts and other clothing may not be singled out for suppression. Students are permitted to wear decorations such as necklaces bearing crosses or Stars of David or badges that carry other religious messages.

Just to Complicate Things A student comes to school wearing a T-shirt containing the following printed religious passage: “Leviticus 18:22 - Do not practice homosexuality. It is a detestable sin.” The student does not say anything about the topic nor (other than wearing it to school) go out of his way to draw attention to the T-Shirt. Another student sees the T-Shirt while walking in the hallway and feels personally offended and reports that she believes she is being bullied. Using this scenario discuss the intersection of DASA and a student’s right to religious expression

Staff Religious Expression 8.1 Staff may engage in private religious activity at work. They may not engage in religious activities with students or encourage or solicit student religious or anti-religious activities. They may not pray with students in school or when acting in their capacities as teachers or representatives of the school.  8.2 Teachers and staff may wear religious attire, and they are also permitted to wear decorations, such as necklaces bearing crosses or Stars of David, or badges that carry other religious messages but should not wear clothing containing a proselytizing message.

Staff Religious Expression 8.3. While acting in an official capacity, an employee’s response to a question from a student regarding the employee’s personal religious beliefs or perspectives should be age-appropriate. However, the employee may choose not to respond.  8.4. When responding to a student’s question about an employee’s personal religious beliefs or views, the employee must maintain neutrality by not advocating or encouraging acceptance of his/her religious belief or perspective. In the PDTA contract Staff are allowed two days for religious observance.

Absences - Students  9.1 When a student or his/her parent indicates to a teacher or to the administration that he/she will miss or have missed school due to a religious holiday:  a. The absence will be reflected in his/her attendance record as excused. b. Students will be given a reasonable amount of time to make up missed work. c. Students will not be expected to return ready to take missed quizzes or tests or to have completed assignments on the first day back to school, even if class work or test dates were provided to the student prior to the absence. d. Teachers, students, and parents will work together to find time to provide missed materials, overview of new instruction or other review, and/or rescheduling test times.

Absences - Students   No student, body of students, or group will be polled directly on their intentions to observe a holy day.  9.2 Students will not be penalized due to absence for a religious holiday. However, a student may be denied the opportunity to participate in an athletic contest if he/she has not met the number of required practices as mandated by New York State Public High School Athletic Association.

Requests for Clarification The issues surrounding religious diversity and the freedom of expression are deep and complex. PCSD has developed an approach for reflecting on and answering questions that are brought by students, parents, or staff. This will allow individual questions or issues to be addressed on a case-by-case basis. Principal R.O.A.C. - Advisory Committee

Conclusion Religious Expression In Schools can present complex issues. Our District appreciates and supports diversity of religions and customs within our community and believes that school must be a Respectful and Safe Environment, and that Education is incomplete without knowledge of diverse religions, beliefs, spiritual practices. Hopefully this presentation has provided you with a greater understanding of our policy, and a framework for analyzing these issues.