Religion in the Public Schools

The following is taken from “A Teacher’s Guide to Religion in the Public Schools”, published by the First Amendment Center. The guide has been endorsed by the following organizations: American Federation of Teachers; American Jewish Committee; Baptist Joint Committee on Public Affairs; Christian Educators Association International; Council on Islamic Education; National Association of Elementary School Principals; National Association of Evangelicals; National Association of Secondary School Principals; National Education Association; National PTA…

Public schools may not inculcate nor inhibit religion. They must be places where religion and reli­gious conviction are treated with fairness and respect. Public schools uphold the First Amendment when they protect the religious liberty rights of students of all faiths or none. Schools demonstrate fairness when they ensure that the curriculum includes study about religion, where appropriate, as an important part of a complete education.

Is it constitutional to teach about religion?

Yes. In the 1960s’ school prayer cases (that prompt­ed rulings against state-sponsored school prayer and Bible reading), the U.S. Supreme Court indicated that public school education may include teaching about religion. In Abington v. Schempp, Associate Justice Tom Clark wrote for the Court:

“[I]t might well be said that one’s education is not com­plete without a study of comparative religion or the his­tory of religion and its relationship to the advancement of civilization. It certainly may be said that the Bible is worthy of study for its literary and historic qualities. Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effect­ed consistently with the First Amendment.”

Why should study about religion be included in the curriculum?

Growing numbers of educators throughout the United States recognize that study about religion in social studies, literature, art, and music is an important part of a well-rounded education. “Religion in the Public School Curriculum: Questions and Answers,” issued by a coali­tion of 17 major religious and educational organizations describes the importance of religion in the curriculum thus:

Because religion plays a significant role in history and society, study about religion is essential to under­standing both the nation and the world. Omission of facts about religion can give students the false impres­sion that the religious life of humankind is insignificant or unimportant. Failure to understand even the basic symbols, practices, and concepts of the various religions makes much of history, literature, art, and contemporary life unintelligible.

Study about religion is also important if students are to value religious liberty, the first freedom guaranteed in the Bill of Rights. Moreover, knowledge of the roles of religion in the past and present promotes cross-cultural understanding essential to democracy and world peace.

Religion must be taught objectively and neutrally. The purpose of public schools is to educate students about a variety of religious traditions, not to indoctri­nate them into any tradition.

How should I teach about religion?

Public schools are now beginning to include more teaching about religion in the curriculum. In the social studies especially, the question is no longer “Should I teach about religion?” but rather “How should I do it?”

The answer to the “how” question begins with a clear understanding of the crucial difference between the teaching of religion (religious education or indoctrination) and teaching about religion. “Religion in the Public School Curriculum,” summarizes the distinction this way:

>The school’s approach to religion is academic, not devotional.

>The school strives for student awareness of religions, but does not press for student acceptance of any religion.

>The school sponsors study about religion, not the practice of religion.

>The school may expose students to a diversity of religious views, but may not impose any particular view.

>The school educates about all religions; it does not promote or denigrate [any particular] religion.

>The school informs students about various beliefs; it does not seek to conform students to any particular belief.

Classroom discussions concerning religion must be conducted in an environment that is free of advocacy on the part of the teacher. Students may, of course, express their own religious views, as long as such expression is germane to the discussion. But public-school teachers are required by the First Amendment to teach about religion fairly and objectively, neither promoting nor denigrating religion in general or spe­cific religious groups in particular. When discussing religion,

many teachers guard against injecting personal religious beliefs by teaching through attribution (e.g., by using such phrases as “most Buddhists believe …” or “according to the Hebrew scriptures …”).

How should I treat religious holidays in the classroom?

Teachers must be alert to the distinction between teaching about religious holidays, which is permissible, and celebrating religious holidays, which is not. Recognition of and information about holidays may focus on how and when they are celebrated, their origins, histories and generally agreed-upon meanings. If the approach is objective and sensitive, neither promoting nor inhibiting religion, this study can foster understanding and mutual respect for differences in belief. Teachers may not use the study of religious holidays as an opportunity to proselytize or otherwise inject personal reli­gious beliefs into the discussion.

The use of religious symbols, provided they are used only as examples of cultural or religious heritage, is permis­sible as a teaching aid or resource. Religious symbols may be displayed only on a temporary basis as part of the academic lesson being studied. Students may choose to create artwork with religious symbols, but teachers should not assign or sug­gest such creations.

The use of art, drama, music or literature with religious themes is permissible if it serves a sound educational goal in the curriculum. Such themes should be included on the basis of their academic or aesthetic value, not as a vehicle for promoting religious belief. For example, sacred music may be sung or played as part of the academic study of music. School concerts that present a variety of selections may include reli­gious music. Concerts should avoid programs dominated by religious music, especially when these coincide with a particu­lar religious holiday.

This advice about religious holidays in public schools is based on consensus guidelines adopted by 18 educa­tional and religious organizations.

May I pray or otherwise practice my faith while at school?

As employees of the government, public-school teachers are subject to the Establishment Clause of the First Amendment and thus required to be neutral concerning reli­gion while carrying out their duties as teachers. That means, for example, that teachers do not have the right to pray with or in the presence of students during the school day.

Outside of their school responsibilities, public-school teachers are free like other citizens to teach or other­wise participate in their local religious community. But teach­ers must refrain from using their position in the public school to promote their outside religious activities.

Teachers, of course, bring their faith with them through the schoolhouse door each morning. Because of the First Amendment, however, teachers who wish to pray or engage in other religious activities—unless they are silent— should do so outside the presence of students. If a group of teachers wishes to meet for prayer or scriptural study in the faculty lounge during their free time in the school day, we see no constitutional reason why they may not be permitted to do so as long as the activity is outside the presence of students and does not interfere with their duties or the rights of other teachers.

Teachers are permitted to wear non-obtrusive jew­elry, such as a cross or Star of David. But teachers should not wear clothing with a proselytizing message (e.g., a “Jesus Saves” T-shirt).

How do I respond if students ask about my religious beliefs?

Some teachers prefer not to answer the question, stating that it is inappropriate for a teacher to inject personal beliefs into the discussion. Other teachers may choose to answer the question straightforwardly and succinctly in the interest of an open and honest classroom environment.

Before answering the question, however, teach­ers should consider the age of the students. Middle and high school students may be able to distinguish between a personal view and the official position of the school; very young children may not. In any case, the teacher may answer at most with a brief statement of personal belief—but may not turn the ques­tion into an opportunity to proselytize for or against religion. Teachers may neither reward nor punish students because they agree or disagree with the religious views of the teacher.

May students express religious views in public schools?

In “Religion in the Public Schools: A Joint Statement of Current Law,” 35 religious and civil liberties organizations give the following summary of the rights of stu­dents to express their faith in a public school:

“Students have the right to pray individually or in groups or to discuss their religious views with their peers so long as they are not disruptive. Because the Establishment Clause does not apply to purely private speech, students enjoy the right to read their Bibles or other scriptures, say grace before meals, pray before tests, and discuss religion with other willing student listeners. In the classroom, students have the right to pray quietly except when required to be actively engaged in school activities (e.g., students may not decide to pray just as a teacher calls on them). In informal settings, such as the cafeteria or in the halls, students may pray either audi­bly or silently, subject to the same rules of order as apply to other speech in these locations. However, the right to engage in voluntary prayer does not include, for example, the right to have a captive audience listen or to compel other students to participate.”

May students express religious views in their assignments?

“Religious Expression in Public Schools,” guidelines published by the U.S. Department of Education, offers the fol­lowing guidance about religious expression in student assignments:

“Students may express their beliefs about religion in the form of homework, artwork, and other written and oral assignments free of discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance, and against other legitimate pedagogical concerns identified by the school.”

How should public schools respond to excusal requests from parents [for religious reasons]?

In “A Parent’s Guide to Religion in the Public Schools,” the National PTA and the First Amendment Center give the following advice concerning excusal requests:

“Whenever possible, school officials should try to accom­modate the requests of parents and students for excusal from classroom discussions or activities for religious reasons. If focused on a specific discussion, assignment, or activity, such requests should be routinely granted in order to strike a balance between the student’s religious freedom and the school’s interest in providing a well-rounded education.

If it is proved that particular lessons substantially bur­den a student’s free exercise of religion and if the school cannot prove a compelling interest in requiring attendance, some courts may require the school to excuse the students.”

May public schools accommodate students with special religious needs?

Public schools are sometimes asked to accommodate students with special religious needs or practices. Sensitive and thoughtful school officials may easily grant many of these requests without raising constitutional questions. Muslim stu­dents, for example, may need a quiet place at lunch or during breaks to fulfill their prayer obligation during the school day. Jehovah’s Witnesses ask for their children to be excused from birthday celebrations. As long as honoring these requests is feasible, school officials should do so in the spirit of the First Amendment.

Administrators and teachers should not, however, be placed in the position of monitoring a child’s compliance

with a particular religious requirement. Enforcing religious obligations such as prayer, dietary restrictions, or wearing a head covering is the responsibility of parents, not teachers.

May students form extracurricular religious clubs?

The Equal Access Act passed by Congress in 1984 ensures that students in secondary public schools may form religious clubs, including Bible clubs, if the school allows other “noncurriculum-related groups.” The Act is intended to pro­tect student-initiated and student-led meetings in secondary schools. According to the Act, outsiders may not “direct, con­duct, control, or regularly attend” student religious clubs, and teachers acting as monitors may be present at religious meet­ings in a nonparticipatory capacity only.

The U.S. Department of Education in “Religious Expression in Public Schools” gives the following guidance for interpreting the Equal Access Act:

“The Equal Access Act is designed to ensure that, consis­tent with the First Amendment, student religious activities are accorded the same access to public school facilities as are student secular activities.”

A meeting, as defined and protected by the Equal Access Act, may include a prayer service, Bible read­ing, or other worship exercise.

May students distribute religious literature in school?

An increasing number of students are requesting permission to distribute religious literature on public-school campuses. According to the guidelines issued by the U.S. Department of Education:

“Students have a right to distribute religious literature to their schoolmates on the same terms as they are permit­ted to distribute other literature that is unrelated to school curriculum or activities. Schools may impose the same reasonable time, place, and manner or other constitutional restrictions on distribution of religious literature as they do on nonschool literature generally, but they may not single out religious literature for special regulation.”