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. 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.
Copyright © Allyn & Bacon 2007 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?
Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 10 KEY TERMS- Chapter 10 The Establishment Clause (175) The Lemon Test (183) ESEA (192) EAA (193) RFRA (195) IDEA (196)
Copyright © Allyn & Bacon 2007 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) Teachers’ Freedom of Conscience
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 State law is superseded by the First Amendment of the Constitution.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 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. Religious Holidays
Copyright © Allyn & Bacon 2007 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. Students’ Freedom of Conscience
Copyright © Allyn & Bacon 2007 Case Presentation Lemon v. Kurtzman Case
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 state-funded 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 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 Typically procedures cite the Equal Access concepts that:
Copyright © Allyn & Bacon 2007 Other Religious Issues 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. Other religious issues include the facts that:
Copyright © Allyn & Bacon 2007 Analysis of Lemon v. Kurtzman Case Lemon v. Kurtzman Case
Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference
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?