Religious+Activities


 * The Issue:**

School administrators are charged with ensuring students' rights and responsibilities. When the lines are blurred between a student's religious right and the state's responsibility to not infringe on that right, where does the cautious educator stand? While it is doubtful that the new administrator would willingly foray into the arena of allowing prayer at public school events or posting religious-themed items on school property, murkier waters do exist. Should an administrator allow religious organizations to hold meetings on school grounds? Should he or she discourage open prayer among staff members in the lounge?

The First Amendment of the Constitution contains two clauses: The Establishment Clause and the Free Exercise Clause. These two clauses deal specifically with the relationship that exists between church and state. In basic terms, the Establishment Clause prohibits the state from passing laws that aid a religion or show a religious preference, and the Free Exercise Clause prohibits the state from interfering with individual religious freedoms (Essex, 2008). Properly adhering to these two clauses can be cause for great confusion for educators, if proper attention to the law is not paid.


 * The Law:**

The law regarding religious activity in schools is largely dependent on the type of activity at hand. However, regardless of the activity, the "Lemon Test", established by //Lemon v. Kurtzman// in 1971 states that laws regarding religion must satisfy the following requirements:


 * Must have a secular purpose
 * Clause "clause" - Must not advance or inhibit religion
 * Must not create entanglement with religion

In addition to the "Lemon Test", other case law exists to help the new educator make lawful decisions regarding religious activities. With regards to silent prayer or meditation in school, the U.S. Supreme Court ruled in //Wallace v. Jaffree// (1985) that purposefully setting aside time in a public school for individuals to meditate or engage in prayer is a violation of the First Amendment (Essex, 2008).

The establishment of the Equal Access Act of 1984 created the "Limited Open Forum" concept, which deals with religious groups having access to school facilities, similar to access provided to a secular, non-curricular student club.. The Equal Access Act specifically states that any school receiving federal financial assistance that has created a limited open forum may not deny access to student groups based on religious, philosophical, or political beliefs. An administrator must be careful however, and understand that the Equal Access Act does not mean that all clubs can prevail. In //Clark v. Dallas Independent Schools// (1992), it was decided that proselytizing of students not involved in the club can be a violation of the First Amendment.


 * Proactive Measures:**

1. Have established guidelines, on site, for listing requirements for approval of extra-curricular activities. Refer to school board policy for additional information.

2. Ensure school officials, responsible for sponsoring extra-curricular activities, are aware of the requirements and/or guidelines.

3. First Amendment rights most likely allow teachers to express their religious views through conversation with peers, as long as no students are present. Be clear on these guidelines, and be quick to address reports of concern immediately.