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Does the First Amendment apply to public schools?
 
The First Amendment says that the government may not ‘establish’ religion. What does that mean in a public school?
 
If school officials are supposed to be 'neutral' toward religion under the establishment clause, does that mean they should keep religion out of public schools?
 
Does the establishment clause apply to students in a public school?
 
How can school officials tell when a planned school action or activity might violate the establishment clause?
 
What does 'free exercise' of religion mean under the First Amendment?
 
How should school officials determine when they must accommodate a religious-liberty claim under the free-exercise clause?
 
May students be excused from parts of the curriculum for religious reasons?
 
How should school officials respond to a request for accommodation of religious practices during the school day?
 
May students be absent for religious holidays?
 
Is it legal for students to pray in public schools?
 
Is it constitutional for a public school to require a 'moment of silence'?
 
May a student pray at graduation exercises or at other school-sponsored events?
 
May students share their religious faith in public schools?
 
May students express their beliefs about religion in classroom assignments or at school-sponsored events?
 
What about the power of schools to control student speech in the classroom?
 
How do schools resolve the tension between freedom of speech and the need for discipline and control?
 
May students distribute religious literature in a public school?
 
May religious scriptures be used in a public school classroom?
 
Do schools that permit the distribution of student religious literature give up all control over how it is done?
 
May students form religious or political clubs in secondary public schools?
 
What is a 'noncurriculum-related student group' under the Equal Access Act?
 
What control does the school retain over student meetings in a limited open forum?
 
May teachers or other school employees participate in student religious clubs?
 
May religious leaders or other outside adults attend the meetings of student clubs?
 
May noncurriculum-related student groups use school media to advertise their meetings?
 
May the school exclude any student extracurricular group?
 
Do students have the right to form religious or political clubs below the secondary level?
 
Is it constitutional to teach about religion in a public school?
 
Does the First Amendment require that 'equal time' be given to all faiths in the public school curriculum?
 
Is it legal to invite guest speakers to help teach about religion?
 
May teachers use role-playing or simulations to teach about religion?
 
Is it constitutional to teach the biblical account of creation in the public schools?
 
May a state or school district require public schools to teach 'intelligent design' as a scientific theory in science classes?
 
What do the courts say about the Bible in the public-school curriculum?
 
What is the difference between teaching about the Bible and religious indoctrination?
 
Which version of the Bible should be used?
 
Which interpretation of the Bible should be used?
 
How should teachers of a Bible elective be selected and what preparation will they require?
 
How should the Bible be included in the literature curriculum?
 
What are the academic aims of a literature elective in Bible?
 
How should the Bible be included in the history curriculum?
 
May public schools offer a history course that focuses on the Bible?
 
What about the study of other religious traditions?
 
How should study about the Bible be handled in elementary education?
 
How should religious holidays be treated in the classroom?
 
What should schools do in December?
 
How should religious objections to holidays be handled?
 
At my children’s school around Christmas, outside speakers have come in to teach about Hanukkah and Kwanzaa. Does the school have to give equal time to another speaker who might want to discuss why Christians celebrate Christmas?
 
Do outside groups have the right to distribute material on campus?
 
What about distribution of fliers from religious groups about events or programs for youth?
 
May public school facilities be used by outside community groups during nonschool hours?
 
May public schools and religious communities enter into cooperative agreements to help students with such programs as tutoring?
 
What general principles should public schools and religious communities follow when entering into a cooperative arrangement?
 
May religious leaders provide crisis counseling to students in public schools?
 
May public schools cooperate with mentoring programs run by religious institutions?
 
May religious institutions provide 'safe shelter' opportunities to students?
 
May schools use facilities owned by religious institutions?
 
May students be released for off-campus religious instruction during the school day?
 
May teachers and administrators pray or otherwise express their faith while at school?
 
 

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

Of course, teachers and administrators — like students — bring their faith with them through the schoolhouse door each morning. Because of the First Amendment, however, school officials 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 free time in the school day or before or after school, most legal experts see no constitutional reason why they should 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.

When not on duty, of course, educators are free like all other citizens to practice their faith. But school officials must refrain from using their position in the public school to promote their outside religious activities.

The U.S. Department of Education put it this way in its 2003 guidelines on prayer in public schools:

“When acting in their official capacities as representatives of the state, teachers, school administrators, and other school employees are prohibited by the Establishment Clause from encouraging or discouraging prayer, and from actively participating in such activity with students. Teachers may, however, take part in religious activities where the overall context makes clear that they are not participating in their official capacities. Before school or during lunch, for example, teachers may meet with other teachers for prayer or Bible study to the same extent that they may engage in other conversation or nonreligious activities. Similarly, teachers may participate in their personal capacities in privately sponsored baccalaureate ceremonies.”

 
 
May teachers wear religious jewelry in the classroom?
 
How should teachers respond if students ask them about their religious beliefs?
 
May a teacher refuse to teach certain materials in class if she feels the curriculum infringes on her personal beliefs?
 
May a school board limit school activities on certain nights to accommodate a particular religious group?
 
What may a school do to make it clear that it is not promoting, endorsing or otherwise sponsoring noncurriculum-related student groups?
 
May a teacher wear religious garb to school provided the teacher does not proselytize to the students?
 
Does the federal appeals court decision in Newdow v. U.S. Congress mean the Pledge of Allegiance is now banned in all public schools?
 
Are baccalaureate services constitutional?
 
If students themselves nominate a fellow student to say a prayer at graduation, with no help from the school, will that prayer be permissible?
 
Can a state or school district criminalize or otherwise punish the teaching of evolution in public schools?
 
Can a state or school district require that public schools give equal time to evolution and creationism?
 
Are public school choruses allowed to perform in a church?
 
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Last system update: Saturday, November 21, 2009 | 09:03:33
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religious liberty in public schools issues >
School prayer
Religious holidays
Student religious practices
Released time
Teaching about religion
Pledge of Allegiance & religious liberty in public schools
Religious clubs
Public schools & religious communities
Teachers' religious liberties
Bible in school
Distributing religious literature
Graduation ceremonies
Evolution & creation