The school music teacher is a devout Christian. She tends to choose music that has a Christian message, and the lyrics might occasionally refer to God or Jesus. A small number of students in the class are from diverse religious backgrounds and feel uncomfortable when singing these lyrics. Should the teacher adjust her curriculum?

 1 st Amendment 1  Separation of church and state  Texas Code of Ethics for Educators 2  (D) Standard 3.4  (G) Standard 1.7

The specific standards in the Texas Code of Ethics to which this dilemma relates (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other applicable state and federal laws. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

Walz v. Tax Commission, 397 U. S. 664 at (1970) In the absence of precisely stated constitutional prohibitions, we must draw lines with reference to the three main evils against which the Establishment Clause was intended to afford protection: “sponsorship, financial support, and active involvement of the sovereign in religious activity.”

 Supreme Court Cases 3  Lemon v. Kurtzman, 403 U.S. 602 (1971)  Walz v. Tax Commission, 397 U.S. 664, 397 U.S. 668 (1970)  Board Of Education v. Allen, 392 U.S. 236, 392 U.S. 234 (1968)  8 th Circuit Court of Appeals 4  Florey v. Sioux Falls School District 619 F.2d 1311 (8 th Cir.), cert. denied, 449 U.S. 987 (1980)

Lemon v. Kurtzman, 403 U.S. 602 (1971) The language of the Religion Clauses of the First Amendment is, at best, opaque, particularly when compared with other portions of the Amendment. Its authors did not simply prohibit the establishment of a state church or a state religion, an area history shows they regarded as very important and fraught with great dangers. Instead, they commanded that there should be ‘no law respecting an establishment of religion.’ A law may be one ‘respecting’ the forbidden objective while falling short of its total realization. A law ‘respecting’ the proscribed result, that is, the establishment of religion, is not always easily identifiable as one violative of the Clause. A given law might not establish a state religion, but nevertheless be one ‘respecting’ that end in the sense of being a step that could lead to such establishment, and hence offend the First Amendment.

Board of Education v. Allen, 392 U. S. 236 (1968) Every analysis in this area must begin with consideration of the cumulative criteria developed by the Court over many years. Three such tests may be gleaned from our cases. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion.

8th Circuit Court of Appeals Florey v. Souix Falls School District 619 F.2d 1311 (8th Cir.), cert. denied, 449 U.S. 987 (1980) The First Amendment does not forbid all mention of religion in public schools; it is the advancement or inhibition of religion that is prohibited....Hence, the study of religion is not forbidden ‘when presented objectively as part of a secular program of education.’...We view the term ‘study’ to include more than mere classroom instruction; public performance may be a legitimate part of secular study. This does not mean, of course, that religious ceremonies can be performed in the public schools under the guise of ‘study.’ It does mean, however, that when the primary purpose served by a given school activity is secular, that activity is not made unconstitutional by the inclusion of some religious content.

 Option –  Remove all religious content from curriculum  Consequence –  Short Term – student deprivation of musical history/culture  On Going – reduced, incomplete curriculum  Long Term – cultural ignorance  Psychological – teacher job dissatisfaction & stress  Social – may facilitate intolerance

 Option –  Correlate lesson plans to the TEKS: 5  Consequences –  Short Term/On-going - Student/Parent displeasure with exposure, complaints  Long Term – Possible reduction in class enrollment  Psychological – Teacher stress, job insecurities, depression  Social – Teacher isolation, criticism  Economic – Potential lawsuit against ISD, associated court costs, bad publicity, overall reduced enrollment, funding loss

 What –  Correlate lesson plans to TEKS  Why –  No 1 st Amendment violations  Conforms to the Texas Code of Ethics  Lesson plans supported by TEKS  Lesson plans approved by school administrators

Is it legal? Yes Is it ethical? Yes Approved by administration? YesNo Choose another solution No Choose another solution No Choose another solution

1. _States_Constitution _States_Constitutionhttp://en.wikipedia.org/wiki/First_Amendment_to_the_United _States_Constitution eySouixFalls.html eySouixFalls.htmlhttp://atheism.about.com/library/decisions/religion/bl_l_Flor eySouixFalls.html 5.