Confused about Christian Rights in Schools?

Why are so many people confused about Christian rights in Schools?

It's because teachers and students have different rights.

But both of them often get lumped together resulting in contradictory information. Teachers, and the whole school staff have much more limited rights to talk about God. Therefore students often get confused and think that their rights are limited as well. However that is not the case! Why? Because students can fully exercise their Free Speech rights as outlined in the First Amendment. 

School administrators, teachers, and school staff are more restricted

The First Amendment not only contains the Free Speech Clause but it also contains the Establishment Clause. Teachers, unlike students have to uphold the establishment clause. And the establishment clause prohibits the government from trying to establish religion. School administrators, teachers, and school staff are more restricted as they act in an official government position and therefore are not permitted to endorse religion. The establishment clause prohibits the government, and by extension school personnel, from officially establishing one religion or denomination over another (or even non-religion).

Students cannot violate the Establishment Clause

Students are not considered to be representatives of the government and can therefore never violate the establishment clause. It simply does not pertain to students. That's why students are fully permitted to freely focus on expressing their faith. 

Students are only limited in one area: they cannot disrupt the classroom. For example: students can bring up faith as it pertains to a discussion in class but they cannot start outright preaching during class. But outside of class, even that is not a problem as students can talk about their faith just like any other subject. That’s why it makes sense for students to get together in Christian clubs.

Students FAQs

Can students pray in school?

Students can pray in school as long as it does not disrupt class. Prayer before lunch or a test is certainly allowed. Students can also pray in groups during non-instructional time as long as it is not disruptive and student initiated.
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Can students express their religious beliefs in class or in an assignment?

Students are welcome to express there religious beliefs in a class discussion or as part of an assignment when it pertains to the topic. Teachers and administrators cannot discriminate against religious expression as long as it falls within the guidelines of the project.

Can students express their religious beliefs in a school-wide talent show?

Yes. Talent shows offer students the ability to share about themselves. They can sing and dance to Christian music or recite Christian poems. Their talent falls into the Free Speech category and is therefore protected by the Constitution. ​

May students bring their Bible to school and read it in school?

Both carrying a Bible and reading it in school are constitutionally protected Free Speech rights routinely upheld by courts. Students’ Free Speech rights would be violated if the students were not permitted to bring a Bible to school, or to read it at appropriate times in school. ​

Can the school prohibit Bible clubs?

The First Amendment to the United States Constitution states: “ Congress shall make no law…. Abridging the freedom of speech….. Or prohibiting the free exercise thereof.” 

Therefore public schools cannot suppress student speech because it’s religious. Public schools are prohibited from discriminating against Free Speech including religious speech. 

A school may not prohibit student expression during non-instructional time unless it (1) materially and substantially interferes with the operation of the school, or (2) infringes on the rights of other⁠1 students. A school may not prohibit student expression solely because others might find it offensive⁠2. Christian Clubs can therefore not be prohibited.

Can a Christian club use promotional materials to spread the word about meetings or activities?

The right to freedom of speech has always included the right to communicate, promote and advertise. This right is supported by both: the Equal Access Act and the First Amendment Free Speech Clause.
All Student clubs including religious clubs, have the right to distribute materials, use bulletin boards, the school newspaper and even the public address system to advertise their meetings and events. Schools may request a clarifying statement such as: this is not a school sponsored event.

Can students gather anywhere on school campus or do they have to be restricted to a certain location or room?

Students can spontaneously gather in groups at lunch or during any non-instructional time or free period. It’s just like students in a group taking about sports, social media or music. Students can talk about anything in small or large groups organized or spontaneous as long as it does not disrupt academics.

Regular gathering places for clubs are decided by the school administration. However the club cannot be banned to the furthest room if more convenient rooms are available.

Student Bill of Rights

​The Right to meet with other christian students.

Students have the freedom to meet at school and form clubs for the purpose of discussing christian issues.

The Right to pray on campus

Students may pray alone or with others so long as it does not disrupt school activities or is not forced upon others.

Right to identify your christian beliefs through pins, signs, symbols, and messages on clothing.

You may make such statements as long as they are not vulgar or indecent.

The Right to talk about your christian beliefs on campus.

The Free Speech Clause of the First Amendment allows you to freely express your believe in God.

The Right to distribute christian literature on campus

Distributing religious literature at school may not be restricted just because it's Christian. Faith based literature from Bible clubs follow the same distribution policy as other clubs do.

The Right to carry or study your Bible on campus

The Supreme Court has said that only state-directed Bible reading is unconstitutional

The Right to do research papers, speeches, and creative projects with religious themes

Students can freely express there believe in God in papers, Homework, creative projects or any other assignment. The free speech clause of the first amendment guarantees that right.

The Right to be exempt

Students may be exempt from activities and class content that contradict their religious beliefs.

The Right to celebrate or study christian holidays on campus

Music, art, literature, and drama that have christian themes are permitted as part of the curriculum for school activities if presented in an objective manner as a traditional part of the cultural and christian heritage of the particular holiday.

The Right to meet with school officials

The First Amendment to the Constitution forbids Congress to make any law that would respect the right of the people to petition the government (school officials)⁠

A Parent's Guide to Religion in Public Schools-National PTA

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
—First Amendment U.S. Constitution

Parents are recognized as having the primary responsibility for the upbringing of their children, including education. For this reason, parents need to be fully informed about school policies and practices, including all issues concerning religion and religious liberty in public education.

The following questions and answers are intended to help parents understand the religious liberty rights of students and the appropriate role for religion in the public school curriculum. A number of recent documents represent a growing consensus among many religious and educational groups about the constitutional and educational role of religion in public schools. This pamphlet is designed to build on these agreements and to encourage communities to find common ground when they are divided.

The following questions and answers provide general information on the subject of religious expression and practices in schools. The answers are based on First Amendment religious liberty principles as currently interpreted by the courts and agreed to by a wide range of religious and educational organizations. For a more in-depth examination of the issues, parents should consult the guide listed at the end of this publication. If parents have specific legal questions, the services of a qualified attorney should be sought.

Keep in mind, however, that the law alone cannot answer every question. Parents in each community must work with school officials to do not only what is constitutional, but also what is right for all citizens. The religious liberty principles of the First Amendment provide the civic framework within which we are able to debate our differences, to understand one another, and to forge school policies that serve the common good in public education.
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Finding Common Ground

1. In our community we want to work together to address religion in schools issues. How do we go about finding common ground?

Parents and school officials in many local communities have had success finding common ground using the following strategies:

Include All Of The Stakeholders
Because public schools belong to all citizens, they must model the democratic process and constitutional principles in the development of policies and curricula. Policy decisions by officials or governing bodies should be made only after appropriate involvement of those affected by the decisions and with due consideration of those holding dissenting views.

Listen To All Sides
If we are to build trust and to truly listen to one another, school officials must acknowledge what is valid about criticism of school policies and practices, particularly concerning the treatment of religion and religious perspectives. At the same time, parents with deep religious convictions need to acknowledge that the vast majority of public school administrators and teachers do not intend to be hostile to religion and want to be fair in their treatment of parents and students.

Work For Comprehensive Policies
Many school districts contribute to confusion and distrust by having no policies concerning many of the issues addressed in this pamphlet. By working with parents to develop comprehensive policies, schools demonstrate the importance of taking religious liberty seriously.

Be Pro-Active
School districts unprepared for controversy fare poorly when a conflict arises. Where there are no policies (or policies are not known or supported by parents), there is a much greater likelihood of lawsuits, shouting matches at school board meetings, and polarization in the community. A pro-active approach takes seriously the importance of articulating the proper role for religion and religious perspectives in the public schools. The resulting policies and practices create a climate of trust in the community and demonstrate the public schools’ active commitment to the guiding principles of our democracy.

Commit To Civil Debate
Conflict and debate are vital in a democracy. Yet, if we are going to live with our deepest differences, then how we debate, and not only what we debate, is critical. Personal attacks, name-calling, ridicule, and similar tactics destroy the fabric of our society and undermine the educational mission of our schools. All parties should treat one another with civility and respect and should strive to be accurate and fair. Through constructive dialogue, we have much to learn from one another.
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Religious Liberty in Public Schools

2. Is there general agreement on how religious faith should be treated in public schools under the First Amendment?

Yes. In a recent statement of principles, a broad range of religious and educational groups agreed to the following description of religious liberty and public schools within the First Amendment framework:

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.

Student Religious Expression

3. Does this mean that students may express their faith while in school? Yes. Schools should respect the right of students to engage in religious activity and discussion.

Generally, individual students are free to pray, read their scriptures, discuss their faith, and invite others to join their particular religious group. Only if a student’s behavior is disruptive or coercive should it be prohibited. No student should be allowed to harass or pressure others in a public school setting.
If doing so is relevant to the subject under consideration and meets the requirements of the assignment, students also have the right to express their religious views during a class discussion or as part of a written assignment or art activity.

Student Prayer

4. May students pray together in public schools? Yes.

Students are free to pray alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others. These activities must be truly voluntary and student-initiated. For example, students are permitted to gather around the flagpole for prayer before school begins, as long as the event is not sponsored by the school and other students are not pressured to attend. Students do not have a right to force a captive audience to participate in religious exercises.

5. Didn’t the Supreme Court rule against student prayer in public schools?

No. The Supreme Court has struck down state- sponsored or state-organized prayer in public schools. The Court has interpreted the First Amendment to mean that government must be neutral among religions and between religion and nonreligion. This means that school officials may not organize, mandate, or participate in student religious activities, including prayer. A moment of silence, however, may be led by school officials, as long as it does not promote prayer over other types of quiet contemplation.

6. Does this mean that students may offer prayers at graduation ceremonies?

Not necessarily. Lower courts are divided about whether a student may offer prayers at graduation exercises. Parents should seek legal advice about what rules apply in their state.

Some schools create a “free speech forum” at school-sponsored events, during which time students are free to express themselves religiously or otherwise. Such a forum, however, would have to be open to all kinds of speech, including speech critical of religion or the school.

Baccalaureate Services

7. Does this mean that students may offer prayers at graduation ceremonies?

Although a public school may not sponsor religious baccalaureate ceremonies, parents, faith groups, and other community organizations are free to sponsor such services for students who wish to attend. The school may announce the baccalaureate in the same way it announces other community events. If the school allows community groups to rent or otherwise use its facilities after hours, then a privately sponsored baccalaureate may be held on campus under the same terms offered to any private group.

Teaching about Religion

8. Is it constitutional to teach about religion in public schools? Yes.

The Supreme Court has indicated many times that teaching about religion, as distinguished from religious indoctrination, is an important part of a complete education. The public school’s approach to religion in the curriculum must be academic, not devotional.

Study about religion belongs in the curriculum wherever it naturally arises. On the secondary level, the social studies, literature, and the arts offer many opportunities for the inclusion of information about religions—their ideas and practices. On the elementary level, natural opportunities arise in discussions of the family and community life and in instruction about festivals and different cultures.

Religion may also be studied in special courses. Some secondary schools, for example, offer electives in “World Religions,” “Bible as/in Literature,” and “Religion in America.”

Religious Holidays

9. How should religious holidays be treated in the schools?

Religious holidays offer opportunities to teach about religion in elementary and secondary schools. Teaching about religious holidays, which is permissible, is different from celebrating religious holidays, which is not. Study of holidays serves academic goals of educating students about history and cultures as well as about the traditions of particular religions.

The use of religious symbols as examples of religious or cultural heritage is permissible as a teaching aid or resource. Religious symbols should only be displayed on a temporary basis as part of the academic program.
Sacred music may be sung or played as part of a school’s academic program. School concerts that present a variety of selections may include religious music. The use of music, art, drama, or literature with religious themes is permissible if it serves a sound educational goal in the curriculum, but not if used as a vehicle for promoting religious belief.

Excusal Requests

10. May students be excused from parts of the curriculum for religious reasons?

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 a request 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 schools to excuse the student.

Student Religious Clubs

11. May students form religious clubs in public schools?

Under the federal Equal Access Act,3 secondary public schools receiving federal funds must allow students to form religious clubs if the school allows other noncurriculum-related clubs to meet during noninstructional time. “Noncurriculum-related” means any club not directly related to the courses offered by the school. Student religious clubs may have access to school facilities and media on the same basis as other noncurriculum-related student clubs.

The Equal Access Act protects the rights of students to form religious clubs. Outside adults may not direct or regularly attend meetings of such clubs. Teachers may be present at religious club meetings as monitors, but they may not participate in club activities.

Public schools are free to prohibit any club activities that are illegal or that would cause substantial disruption of the school

Student Religious Garb

12. May students form religious clubs in public schools?

Students who must wear religious garb such as head scarves or yarmulkes should be permitted to do so in school. Students may also display religious messages on clothing to the same extent that other messages are permitted.

Distribution of Religious Literature

13 May students distribute religious literature in the schools?

Generally, students have a right to distribute religious literature on public school campuses subject to reasonable time, place, and manner restrictions imposed by the school. This means that the school may specify at what times the distribution may occur (e.g., lunch hour or before or after classes begin), where it may occur (e.g., outside the school office), and how it may occur (e.g., from fixed locations as opposed to roving distribution). These restrictions should be reasonable and must apply evenly to all non-school student literature. Public schools may prohibit the distribution of some literature altogether. Some examples would be materials that are obscene, defamatory, or disruptive to the educational environment.

Released Time

14 May students be released for off-campus religious instruction during the school day? Yes.

The Supreme Court has long recognized that public schools may choose to create off-campus, released-time programs as a means of accommodating the needs of religious students and parents. The schools may not encourage or discourage participation or penalize students who do not attend.

Character Education

(this covers Character Education as a regular subject in the classroom.  However, for our voluntary, after school club we are free to talk about God)

15. What is the relationship between religion and character education in public schools?

Parents are the first and most important moral educators of their children. Thus public schools should develop character education programs only in close partnership with parents and the community. Local communities need to work together to identify the core moral and civic virtues that they wish to be taught and modeled in all aspects of school life.

In public schools, where teachers may neither promote nor denigrate religion, the core moral and civic values agreed to in the community may be taught if done so without religious indoctrination. At the same time, core values should not be taught in such a way as to suggest that religious authority is unnecessary or unimportant. Sound character education programs affirm the value of religious and philosophical commitments and avoid any suggestion that morality is simply a matter of individual choice without reference to
absolute truth.
    
Endnotes
1 See, for example, “A Teacher’s Guide to Religion in the Public Schools,” endorsed by 22 religious and educational organizations. Free copies are available from the First Amendment Center or it may be found at www.firstamendmentcenter.org.
2 For free copies of “Religious Liberty, Public Education, and the Future of American Democracy: A Statement of Principles,” contact the First Amendment Center at Vanderbilt University.
3 See 20 United States Code Section 4071 to 4074.
4 For comprehensive guidelines on how to interpret the Equal Access Act, consult chapter 7 of Finding Common Ground:
A First Amendment Guide to Religion and Public Schools, which may be found at www.firstamendmentcenter.org.
5 The Character Education Partnership provides complete information on how to start a character education program and a clearinghouse of character education resources. Contact the Character Education Partnership,
1025 Connecticut Ave., NW, Suite 1011, Washington, D.C. 20036. Telephone: (800) 988-8081. www.character.org.

The National PTA encourages its nearly 7 million members to be involved in key child education, health, and welfare issues. The organization serves as an advocate for children and families in schools, the community, and before government agencies.
The First Amendment Center works to preserve and protect First Amendment freedoms through information and education. The center serves as a forum for the study and exploration of free-expres- sion issues, including freedom of speech, of the press and of religion, and the rights to assemble and to petition the government.

The First Amendment Center, with offices at Vanderbilt University in Nashville, Tenn., and Washington, D.C., is an operating program of the Freedom Forum and is associated with the Newseum. Its affiliation with Vanderbilt University is through the Vanderbilt Institute for Public Policy Studies.

The Freedom Forum, based in Washington, D.C., is a nonpartisan foundation dedicated to free press, free speech and free spirit for all people. The foun- dation focuses on three priorities: the Newseum, First Amendment and newsroom diversity.
The Freedom Forum funds the operations of the Newseum, an interactive museum of news in Washington, D.C.; the First Amendment Center; and the Diversity Institute. The First Amendment Center and the Diversity Institute are housed in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn. The First Amendment Center also has offices in Washington.

The Freedom Forum was established in 1991 under the direction of Founder Allen H. Neuharth as successor to a foundation started in 1935 by newspaper publisher Frank E. Gannett. The Freedom Forum is not affiliated with Gannett Co. Its work is supported by income from an endowment of diversified assets.

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