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FAQs >
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Does the First Amendment apply to public schools?
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The First Amendment says that the government may not ‘establish’ religion. What does that mean in a public school?
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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?
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Does the establishment clause apply to students in a public school?
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How can school officials tell when a planned school action or activity might violate the establishment clause?
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What does 'free exercise' of religion mean under the First Amendment?
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How should school officials determine when they must accommodate a religious-liberty claim under the free-exercise clause?
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May students be excused from parts of the curriculum for religious reasons?
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How should school officials respond to a request for accommodation of religious practices during the school day?
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May students be absent for religious holidays?
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Is it legal for students to pray in public schools?
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Is it constitutional for a public school to require a 'moment of silence'?
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May a student pray at graduation exercises or at other school-sponsored events?
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May students share their religious faith in public schools?
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May students express their beliefs about religion in classroom assignments or at school-sponsored events?
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What about the power of schools to control student speech in the classroom?
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How do schools resolve the tension between freedom of speech and the need for discipline and control?
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May students distribute religious literature in a public school?
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May religious scriptures be used in a public school classroom?
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Do schools that permit the distribution of student religious literature give up all control over how it is done?
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May students form religious or political clubs in secondary public schools?
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What is a 'noncurriculum-related student group' under the Equal Access Act?
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What control does the school retain over student meetings in a limited open forum?
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May teachers or other school employees participate in student religious clubs?
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May religious leaders or other outside adults attend the meetings of student clubs?
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May noncurriculum-related student groups use school media to advertise their meetings?
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May the school exclude any student extracurricular group?
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Do students have the right to form religious or political clubs below the secondary level?
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Is it constitutional to teach about religion in a public school?
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Does the First Amendment require that 'equal time' be given to all faiths in the public school curriculum?
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Is it legal to invite guest speakers to help teach about religion?
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May teachers use role-playing or simulations to teach about religion?
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Is it constitutional to teach the biblical account of creation in the public schools?
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May a state or school district require public schools to teach 'intelligent design' as a scientific theory in science classes?
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What do the courts say about the Bible in the public-school curriculum?
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What is the difference between teaching about the Bible and religious indoctrination?
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Which version of the Bible should be used?
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Which interpretation of the Bible should be used?
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How should teachers of a Bible elective be selected and what preparation will they require?
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How should the Bible be included in the literature curriculum?
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What are the academic aims of a literature elective in Bible?
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How should the Bible be included in the history curriculum?
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May public schools offer a history course that focuses on the Bible?
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What about the study of other religious traditions?
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How should study about the Bible be handled in elementary education?
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How should religious holidays be treated in the classroom?
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What should schools do in December?
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How should religious objections to holidays be handled?
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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?
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Do outside groups have the right to distribute material on campus?
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What about distribution of fliers from religious groups about events or programs for youth?
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May public school facilities be used by outside community groups during nonschool hours?
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May public schools and religious communities enter into cooperative agreements to help students with such programs as tutoring?
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What general principles should public schools and religious communities follow when entering into a cooperative arrangement?
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In these guidelines, a “cooperative arrangement” is defined as a shared participation in specific programs and activities in accordance with a written agreement. Before entering into a cooperative arrangement, public schools and religious communities should understand and accept the following principles:
- Under the First Amendment, public schools must be neutral concerning religion in all of their activities. School officials must take the necessary steps to ensure that any cooperative activities that take place are wholly secular. Persons invited to address students during the school day shall be advised of this requirement and must agree to abide by it before being allowed access to students.
- Students have the right to engage in, or decline to engage in, religious activities at their own initiative, so long as they do not interfere with the rights of others. School districts are urged to adopt policies that reflect recent consensus statements on current law concerning religion in public schools. “Religion in the Public Schools: A Joint Statement of Current Law,” the U.S. Department of Education’s guidelines on “Religious Expression in Public Schools,” and other consensus guidelines are available: Write to the First Amendment Center Online to request copies.
- Cooperative programs between religious institutions and the public schools are permissible only if:
- Participation in programs is not limited to religious groups. That is, schools must be open to participation by all responsible community groups. Qualifications should not be established which have the practical effect of including only religious groups. Eligibility shall be stated in writing.
- A student’s grades, class ranking or participation in any school program will not be affected by his or her willingness to participate or not participate in a cooperative program with a religious institution.
- Student participation in any cooperative program may not be conditioned on membership in any religious group, acceptance or rejection of any religious belief, or participation (or refusal to participate) in any religious activity.
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May religious leaders provide crisis counseling to students in public schools?
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May public schools cooperate with mentoring programs run by religious institutions?
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May religious institutions provide 'safe shelter' opportunities to students?
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May schools use facilities owned by religious institutions?
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May students be released for off-campus religious instruction during the school day?
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May teachers and administrators pray or otherwise express their faith while at school?
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May teachers wear religious jewelry in the classroom?
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How should teachers respond if students ask them about their religious beliefs?
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May a teacher refuse to teach certain materials in class if she feels the curriculum infringes on her personal beliefs?
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May a school board limit school activities on certain nights to accommodate a particular religious group?
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What may a school do to make it clear that it is not promoting, endorsing or otherwise sponsoring noncurriculum-related student groups?
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May a teacher wear religious garb to school provided the teacher does not proselytize to the students?
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Does the federal appeals court decision in Newdow v. U.S. Congress mean the Pledge of Allegiance is now banned in all public schools?
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Are baccalaureate services constitutional?
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If students themselves nominate a fellow student to say a prayer at graduation, with no help from the school, will that prayer be permissible?
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Can a state or school district criminalize or otherwise punish the teaching of evolution in public schools?
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Can a state or school district require that public schools give equal time to evolution and creationism?
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Are public school choruses allowed to perform in a church?
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