Chapter Outlines:

(Blue text denotes legislation or court cases)

Chapter 2: Religion and the Public Schools
I. School-Sponsored Prayer
A. Engle v. Vitale - Landmark case in 1960s by U.S. Supreme Court banned prayer
in public schools
1. School prayer is continuously challenged by Congress, state
legislatures, and citizens
2. Ruling by courts consistently rejects school-sponsored prayer due to
violation of the establishment clause of the First Amendment
3. Courts acknowledged that student-initiated prayer at school activities
do not offend the First amendment
II. School-Sponsored Bible Reading
A. Supreme Court has ruled in multiple cases that the practice is
unconstitutional
III. Prayer at School Events
A. Student-Led Prayer at Public School Events
1. Voluntary student-led prayer at public school events is permissible so
long as school officials remain neutral
B. Prayer at Athletic Contests and Commencement Exercises
1. Supported by the school is considered unconstitutional
2. Voluntary student-led permissible under the free exercise clause of
the First Amendment
IV. Landmark Rulings
A. Santa Fe Independent School District v. Jane Doe
B. Jones v. Clear Creek Independent School District
C. Lee v. Weisman
1. Distinction between the cases can be acknowledged in the difference
between student-initiated and school-initiated
V. Aid to Parochial Schools
A. Must meet the following criteria based on the Lemon Test:
1. Have a secular purpose
2. Neither advance nor inhibit religion
3. Must not create excessive entanglement
B. Religious Symbols and Displays
1. To uphold separation of church and state, schools should refrain from
demonstrating preference of one religion over another
2. May be appropriate to acknowledge and explain various holidays of all
cultures and religious groups in a secular purpose
VI. Use of School Facilities by Religious Student Groups
A. Legal Precedents
1. Fundamental fairness and respect for First Amendment rights of
others is necessary
2. Equal Access Act prohibits districts from prohibiting use of school
facilities
3. Consult districts legal counsel when questions arise to best follow
district policy
VII. Use of School Facilities by Outside Religious Groups
A. School boards have authority to develop policy that governs use of school
facilities
B. Right to deny access exists if abuse or destruction of property is evident
C. Refer to districts community use policy to decipher if it is limited or open
forum
VIII. Religious Activities and Holiday Programs
A. Public schools may not celebrate religious holidays
B. Released Time for Religious Instruction
1. Public school resources may not be expended to serve the programs
2. Students may voluntarily attend released-time programs that do not
award public school credit for classes
C. Teaching the Bible in Public Schools
1. Use of the Bible for religious purposes is unconstitutional
2. Must be taught objectively and in a secular manner
3. School officials should prepare policies in relation to Bible teaching
D. Intelligent Design and School Curriculum
1. Has yet to be ruled unconstitutional by federal court
2. Discretion to school boards regarding inclusion in curriculum
E. Teaching Theory of Evolution
1. Debate ensues on if the matter is science rather than a secular
religion
2. Discretion left to school boards regarding inclusion in curriculum
F. Distribution of Religious Materials
1. External groups distributing materials on school premises is illegal
2. Student distribution allowed if does not interfere with normal school
activities
IX. Religious Freedoms Involving Teachers
A. Teachers possess religious rights as stated in the Constitution
1. Rights must be respected as long as no violation of establishment
clause of First Amendment takes place by entangling the school
2. Reasonable accommodations must be made for teachers in regards to
observance of special religious holidays
B. No form of religious discrimination may be used for:
1. Employment
2. Promotion
3. Salary increments
4. Transfers
5. Demotions
6. Dismissals