1. Ch. 13.2 Freedom of Religion: Student Rights at school

2. Student Rights at School Separation of Church & State There is no such phrase in the constitution. So where does it come from? The establishment clause!

3. Student Rights at School Separation of Church & State The Establishment Clause “ Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof…” 1791. The First Amendment of the U.S. Constitution **So what does this mean for students?

4. Student Rights at school 1. Students have the right to Pray at school Only…“ Official State composed prayers are excluded from the school.” Engle v. Vitale 1962.

5. Student Rights at School 2. Students have the Right to Meet together for Bible Study “it shall be unlawful for any public secondary school to deny Equal access to any students who wish to conduct a meeting on the basis of the religious content at such meetings.” The Equal Access Act - 1984.

6. Student Rights at School The Equal Access Act The Equal Access Act - 4071 (c)(4) *Important: Congress recognized that our government should not promote religion. *However, the Equal Access Act doesn’t promote religious activity, rather it gives it neutral treatment. What does this mean?

7. Student Rights at School The Equal Access Act - 4071 (a)(4) Does the Equal Access Act apply to every school?” if it’s a secondary school if it receives Federal funding if has a “limited open forum” The Equal Access Act

8. Student Rights at School The Equal Access Act - 1984 What is a “limited open forum?” Some places like parks are a “completely open forum” Students. Schools have a created an open forum for a particular group of people – Students. The Equal Access Act

9. The Equal Access Act - 1984 Do all schools have a “limited open forum?” No. But most do. If any non-curriculum student groups are allowed to meet, then the Equal Access Act is triggered. Do we have any here at Cuyahoga Falls High? The Equal Access Act

10. As long as the meeting does not “materially and substantially interfere with the orderly conduct of educational activities within the school.” The Equal Access Act - 4071 (c)(4) Does that mean that anybody can start a club for any reason? any beliefs any size The Equal Access Act

11. The Equal Access Act - 4071 (c)(4) Can we talk about anything we want to? The school does not need to concern itself with the content of the religious speech – only whether the speech: Is illegal Threatens the well-being of teachers or students Is not voluntary Materially & substantially interferes with the orderly conduct of educational activities within the school The Equal Access Act

12. As long as the meeting does not “materially and substantially interfere with the orderly conduct of educational activities within the school.” The Equal Access Act - 4071 (c)(4) What about gay & lesbian groups? What about atheists? The Equal Access Act

13. “non-school persons may not direct, conduct, control or regularly attend activities of student groups.” The Equal Access Act - 4071 (c)(5) What about non-school persons? The Equal Access Act

14. 3. Students have the Right to Be excused. Public students cannot be forced to participate in activities that violate their religious convictions. West Virginia Board of Education vs. Barnette. 1943.

15. 4. Schools may Accommodate students religious needs. Students may be released during the school day to receive religious instruction off campus. Called “Release time education.” (Varies state to state) Zorach v. Clauson 1952.

16. 5. Students may engage in controversial Speech. They may discuss controversial topics concerning religious, political and philosophical viewpoints. Healy v. James 1972.

17. 6. Students do not shed their Constitutional Rights at the Doors of their School Both teachers and students retain their First Amendment rights while on school grounds. Tinker v. Des Moines Independent School District. 1969

18. Does this mean you can “practice” a religion during the school day? NO!!! Free exercise Clause –“Congress shall make no law prohibiting the free exercise” of religion. –What does that mean? You can believe in anything you want. –You can’t behave as you wish!