Q. Is private student prayer permitted in public schools? A. Yes. Students have the right to engage in individual prayer which is not coercive and does not substantially disrupt the school's educational mission and activities. For example, all students have the right to silently say a prayer before a test, or grace before a meal. However, school officials must not be involved with private student prayer in any way, since any school promotion or endorsement of a student's private religious activity is unconstitutional.

Q. Is organized prayer permitted at public school graduation ceremonies? A. No. The United States Supreme Court in a 1992 decision, Lee v. Weisman, determined that organized prayers at public school graduation ceremonies are unconstitutional, even if the prayers are voluntary and non-denominational. The Supreme Court was specifically concerned that students would be coerced, as a result of public and peer pressure, into participating in such prayer.

Q. Is student-initiated organized prayer permitted at public school graduation ceremonies? A. No. Based upon the Supreme Court's reasoning in its 1992 graduation prayer case, Lee v. Weisman, student-initiated graduation prayer is also unconstitutional. While one Federal Appeals Court determined that it was permissible to include a student-led graduation prayer which a senior class voted to include, its decision is inconsistent with the Supreme Court's ruling in Lee, and is also inconsistent with other lower court opinions. In fact, another Federal Appeals Court specifically disagreed with the reasoning that upheld student-initiated graduation prayer and determined that such prayer is unconstitutional.

Q. May a valedictorian offer a prayer at a public school graduation ceremony? A. Yes. When valedictorians speak on a topic of their choice at their graduation ceremony, they may speak on a religious topic or offer a prayer. Since the school is in no way promoting or sponsoring this religious activity, it is different from cases where the school organizes or allows the student body to organize a graduation prayer.

Q. May baccalaureate services include prayers? A. Yes. As long as they are privately led, baccalaureate services which are voluntary and not part of the official graduation ceremonies may constitutionally include prayers and religious sermons. School endorsement of such baccalaureate services is not permitted.

Q. Are "moments of silence" constitutional? A. No. Federal courts have determined that "moments of silence" which have either the purpose or effect of promoting prayer are unconstitutional. In a 1985 case, Wallace v. Jaffree, the United States Supreme Court struck down Alabama's moment of silence statute.

Student Religious Clubs -- The Equal Access Act

Q. What is the Equal Access Act? A. The Equal Access Act (EAA) requires Federally-funded high schools to treat student-initiated religious clubs in the same way they treat other extra-curricular, student-initiated clubs -- provided certain criteria have been met.

Q. Under EAA, are school officials required to allow all student clubs to meet, including student-initiated religious clubs?

A. No. School officials can disallow extra-curricular clubs, including religious ones. However, religious clubs may not be singled out and denied the opportunity to meet.

Q. May school officials lead or support student religious clubs under the terms of the EAA? A. No. The EAA is only applicable if the religious group is student-initiated, sponsored and led, and participation in the group is voluntary. School personnel may not initiate, sponsor, promote, lead or participate in religious club meetings, but school officials have the right to monitor club meetings to ensure compliance with the EAA.

Q. What precautions should school officials take when student-initiated religious clubs meet under the EAA? A. School officials must ensure that there is no appearance of school sponsorship or endorsement of religion. Officials may issue disclaimers clearly stating that the school is not sponsoring, endorsing or promoting any extra-curricular student group.

Religion in the Curriculum

Q. May school officials engage in religious instruction in the public schools? A. No. It is clearly unconstitutional for educators to teach religion or engage in religious indoctrination and practice in the public schools. It is also unconstitutional to celebrate religious holidays through religious worship or practice.

Q. May school officials teach about religion in the public schools? A. Yes. Teaching about religion is permissible when it is presented as part of a secular educational program. Such programs should teach the role of religion in the historical, cultural, economic and social development of the United States and other nations, and should instill tolerance and respect for a pluralistic society.

Q. How should the public schools teach about religion? A. Religion must be discussed in a neutral, objective, balanced and factual manner. The curriculum's approach may not be devotional or doctrinal, nor have the effect of promoting or inhibiting religion.

Creationism

Q. May a public school science teacher's right to teach evolution be restricted? A. No. The United States Supreme Court has determined that it is unconstitutional to restrict an educator's right to teach evolution.

Q. May educators who teach evolution also be required to teach creationism? A. No. The United States Supreme Court determined that it is unconstitutional to require educators who teach evolution to teach creationism as well.

Q. May creationism be taught in the public schools? A. Creationism -- which includes any theory that the universe was created by a divine being -- may not be taught as a scientific fact in public schools. However, creationism may be included in a class on comparative religion as an example of how some religious groups believe human life began.

Censorship

Q. Is it appropriate for public schools to censor books based on religious objections? A. No. The Supreme Court ruled it is unconstitutional to alter the curriculum in response to the practices or prohibitions of any religion. This includes the banning of books unacceptable to certain religious groups.

Q. May students refuse to use textbooks because of their parents' religious objections? A. A Federal Court of Appeals (the United States Court of Appeals for the 6th Circuit) ruled schoolchildren do not have the right to be excused from using textbooks (in this case the Holt Rinehart and Winston basic reading series) simply because they or their parents find the books offensive. A public school could constitutionally require all students to use a prescribed set of books as long as the children were merely required to read and discuss the material and were not required to do something contrary to their religion.

Distribution of Religious Materials By Outsiders

Q. May public schools allow outsiders to distribute religious materials on school grounds? A. No. Public schools may not allow outsiders to distribute religious material, including Bibles, to students on school premises.

Q. Do outsiders have an unlimited right to distribute religious materials on public property near a public school? A. No. While outsiders may distribute religious material to students on public property off school premises, school officials have the right to implement reasonable restrictions. These restrictions must be content-neutral and not treat outsiders distributing religious material differently from outsiders distributing other types of material.

Distribution of Religious Materials by Students

Q. Do students have an unlimited right to distribute religious materials in public schools? A. No. Students have a limited right to free expression in public schools, which includes distribution of written materials. However, this right may be limited if it substantially interferes with the school's activities, or infringes upon the rights of other students.

Q. What are school officials rights and responsibilities when students distribute religious materials in the public schools? A. There can be no school endorsement or appearance of endorsement of the religious materials being distributed.

School Voucher Plans

Q. Are school voucher plans for private sectarian schools constitutional? A. No. Voucher plans that permit voucher redemption in private religious schools violate the establishment clause of the First Amendment because such plans are the equivalent of direct government aid to religious institutions. Government taxes are collected to be used for such public purposes as funding public schools, and it is unconstitutional for the Government to use this tax money to fund private religious schools.

Q. Aside from the establishment clause violation, what other problems are raised by voucher plans? A. Voucher plans raise serious questions of equity. Many private schools, which could be eligible for voucher money, discriminate on the basis of religion, gender, physical disability, language and socioeconomic status. Voucher plans usually cover only a fraction of private school tuition, and therefore will be of little assistance to the poor.

Furthermore, voucher plans seriously threaten public school budgets and could therefore jeopardize the quality of public schools. Public education provides many children in this country with the opportunity to acculturate. As our country becomes increasingly fragmented along racial, ethnic and religious lines, the importance of the public school system as a unifying factor also increases. Furthermore, a viable public school system is essential to an informed citizenry, and a healthy democracy.

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