Education 210 Portfolio Artifact #6

Education 210 Portfolio Artifact #6

Religion in Schools
Jaime Hoonsan
The College of Southern Nevada

Education 210 Portfolio Artifact #6

Scenario:
Kindergarten teacher Karen White notified the children and parents in her class that due
to her new alliance with the Jehovahs Witnesses, that she would no longer be able to participate
or engage in various projects and activities because of their religious attributes. This meant that
she would no longer be able to say the Pledge of Allegiance, lead the children in the Happy
Birthday to You Song, fix up the classroom for holidays, or plan a present swap at Christmas
time. The parents of the children in her classroom were very displeased. Principal Bill Ward
advised that she be removed from duty based upon her unwillingness to meet the demands of her
class.
Pro-Support:
According to Mauriello v. The Board of Education of the Town of West Hartford 176
Conn. 466 (1979) a teacher may be removed from duty for inefficiency or incompetence,
provided that the board of education provides the teacher with a written notification of removal
beforehand. In this case, Diane Mauriello was a physical education teacher when she was fired
due to inefficiency, incompetence in failing to meet the needs of the children in her classes and
insubordination. The courts ruled in favor of the board of education. Based on this ruling, there
is justifiable cause for firing Karen White.
Freshwater v. Mount Vernon City School Board of Education (2012) has demonstrated
that a teacher may be terminated from duty due to insubordination or refusal to follow
instructions. The case involved John Freshwater who according to the Mount Vernon City Board
of Education failed to follow the curriculum and taught creationism instead of evolution to his
eighth grade science classes. The Supreme Court upheld Freshwaters termination stating that his
insubordination was the reason for his dismissal. This case is similar to the Karen White case

Education 210 Portfolio Artifact #6

because both cases involve insubordination under the premise of religion. Based on the verdict in
the Freshwater case, there is justifiable cause for firing Karen White.
Con-Support:
According to West Virginia State Board of Education v. Barnette 319 U.S. 624 (1943)
Jehovahs Witnesses are not obligated to say The Pledge of Allegiance. In this case, the courts
found that saying the Pledge of Allegiance may cause ideas to be communicated, and that no
official can forcefully or coercively cause another person to make such a confession with their
mouth. The case involved a group of Jehovahs Witnesses who argued that making utterances
such as those in The Pledge of Allegiance would cause them to commit idolatry and violate their
first amendment rights. Based upon the ruling in this case, refusal to lead the children in The
Pledge of Allegiance is not a justifiable cause for terminating Karen Whites employment.
Doe v. Harlan County Schools 96 F.Supp.2d 667 (2000) demonstrated that an erected
display depicting religious symbols is in violation of the establishment clause. This case involved
Sarah, Thomas and Jan Doe, who claimed that a display showing the Ten Commandments was
problematic due to coming into contact with it every time they entered school property. They
filed suit and the courts agreed with them. This case is similar to Karen Whites due to the fact
that her principal wanted her to decorate her classroom for holidays, presumably including
Christmas which is a Christian holiday. Ms. White might argue that decorating for holidays is a
violation of the establishment clause because by decorating, she would be establishing
Christianity as the religion in her classroom. Based upon the ruling in Doe v. Harlan, firing
Karen White for her refusal to decorate for holidays is not a justifiable cause for terminating Ms.
Whites employment, because by decorating for holidays, she may be breaking the establishment
clause.

Education 210 Portfolio Artifact #6

Final Paragraph:
Under the free exercise clause of the first amendment, Karen White is most certainly
guaranteed the right to believe and worship as she chooses. However, she must do so in a way
that does not cause her to violate the terms of her contract with the board of education, and she
must also not put her desires above the needs of her kindergarten class, which she has failed to
do. Consequently, her boss, Principal Bill Ward viewed her actions as insubordination, and
recommended her removal. Based on the verdicts in Mauriello v. The Board of Education of the
Town of West Hartford 176 Conn. 466 (1979) and Freshwater v. Mount Vernon City School
Board of Education, there is a justifiable basis for Karens dismissal.

Education 210 Portfolio Artifact #6

References:
Leagle, Inc (1979, January 16). Retrieved from Leagle.net
http://www.leagle.com/decision/1979642176Conn466_1580.xml/MAURIELLO%20v.
%20BOARD%20OF%20EDUCATION
Leagle, Inc (2012, March 5). Retrieved from Leagle.net
http://www.leagle.com/decision?q=In OHCO 20120306611.xml/FRESHWATER v. MT.
VERNON CITY SCHOOL DIST. BD. OF EDN.
Find Law (1943, June 14). Retrieved from Find Law for Legal Professionals:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=319&invol=624
Leagle, Inc (2000, May 5). Retrieved from Leagle.net
http://www.leagle.com/decision/200076396FSupp2d667_1689.xml/DOE%20v.
%20HARLAN%20COUNTY%20SCHOOL%20DIST.

Education 210 Portfolio Artifact #6