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Pew Research Center - Religion in the Public Schools 

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Pew Research Center - Religion in the Public Schools 

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Lupu, I.C. & Davis. E.E. (2019, October 3). Religion in the public schools. Pew Research Center. https://www.pewforum.org/2019/10/03/religion-in-the-public-schools-2019-update/

· 56 years ago, the Supreme Court banned school-sponsored prayer and stated that schools could not indoctrinate students in religion.

· Today, individuals are concerned that the federal courts will completely nullify religious sentiment at public schools, thus infringing on American First Amendment rights.

· Others contend that religious views have no place in schools, so students' views cannot be imposed on.

The article expresses how it is still a complicated battle. The Constitution prohibits schools from professing religious views, but individuals, such as students, are still protected under freedom of speech and religion. There is no clear-cut answer to make everyone happy.

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American School Counselor Association. (2021). Your first amendment rights: Limitations and freedoms. https://www.ascaschoolcounselor-digital.org/ascaschoolcounselor/january_february_2021/MobilePagedArticle.action?articleId=1653295#articleId1653295

·         As counselors, we should promote student freedom of expression and strive to support our marginalized students in a non-political way.

·         We need to understand our students' First Amendment rights and look for ways to advocate and support them.

·         Resources are available through the ASCA.

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First and foremost, as educators, we should always look for ways to encourage, support, and inspire our students. They are just learning that they can accomplish incredible feats if they put their mind to it, and we always need to look for ways to encourage this. As the students on my campus approached me about sponsoring their faith-based club, I felt this was an excellent opportunity to support these students and promote their passion.  

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First and foremost, as educators, we should always look for ways to encourage, support, and inspire our students. They are just learning that they can accomplish incredible feats if they put their mind to it, and we always need to look for ways to encourage this. As the students on my campus approached me about sponsoring their faith-based club, I felt this was an excellent opportunity to support these students and promote their passion.  

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Always look for ways to support and encourage your students, this should include whatever religious or non-religious beliefs they have.

Know your school district's guidelines for student religious activity and expression on your campus.

Understand the Establishment Clause of the First Amendment, which allocates religious freedoms to students on their public school campus.

Become familiar with the Equal Access Act, which grants students who want to start a religious club (or any other club) equal access to school facilities that other non-curricular clubs are granted.

Know that students can express their religious views through their writing, artwork, and oral presentations without the fear of retaliation or persecution.

Some schools do offer accommodations to students with special religious needs. Examples could be Muslim students needing a quiet place at lunch or Jehovah Witnesses not participating in Christmas activities. Special religious cases are decided by the administration of the campus.

Check your school, district, state, and federal laws on what govern and protect your students' rights.

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Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools

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Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools

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U.S. Department of Education. (2020, January 16). Guidance on constitutionally protected prayer and religious expression in public elementary and secondary schools. https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html

·         This resource is an easy reference guide for teachers, parents, and students to gain guidance on rights regarding prayer, religious liberty, and the Equal Access Act.

·         The purpose of this resources it to provide information on the “current state of the law concerning religious expression in public schools” (para. 1).

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Reuters: Supreme Court religious rights case has big implications for U.S. schools.

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Reuters: Supreme Court religious rights case has big implications for U.S. schools.

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Chung, A. (2020, January 20). Supreme court religious rights case has big implications for U.S. schools. Reuters. https://www.reuters.com/article/us-usa-court-religion/supreme-court-religious-rights-case-has-big-implications-for-u-s-schools-idUSKBN1ZJ19T

·     Parents are suing the state of Montana over a ruling that states tax credit in a scholarship program could not be used to help students pay for private schools, including religious ones.
·     Montana Supreme Court singled out students wanting to use the scholarship for a religious school, and parents said this was wrong.
·     Parents are arguing that “to exclude religious school students from the scholarship program violated their rights under the U.S. Constitution to free exercise of religion and equal protection under the law” (para. 9).
·     Case could have ramifications across the country by further limiting or increasing interactions between church and state.
·     Trump was President at the time of this case and stood behind the parents. Opponents feel this case could have severe negative ramifications if a positive vote is given to the parents, which could open the door for states to be responsible for funding religious education or activities.

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America stands on the foundation of the United States Constitution. The First Amendment of the Constitution protects many freedoms that we possess today. Those freedoms include freedom of religion, speech, press, and the right to assemble in protest of the government peaceably. These rights are just not afforded to adults but to students as well. Students need to know that they have rights, and this includes knowing what their freedoms are regarding religious activity and expression at their school campus.

At this moment in time, student religious expression is protected under the Constitution. A school cannot affirm a particular belief or discriminate against a student for their beliefs (Smith & Simmons, 2018). An emerging area regarding this topic is that in some states, lawsuits are in process stating that there should be a complete separation of church and state. Some feel these two areas should not be intertwined, while others think that individuals will not be afforded their Constitutional rights if you separate church and state (Chung, 2020).

Smith, M.E. & Simmons, S.R. (2018). Religious speech in public schools. National School Boards Association Council of School Attorneys. (https://cdn-files.nsba.org/s3fs-public/02_01_Religious_Speech_Smith_Simmons.pdf)

Chung, A. (2020, January 20). Supreme court religious rights case has big implications for U.S. schools. Reuters. https://www.reuters.com/article/us-usa-court-religion/supreme-court-religious-rights-case-has-big-implications-for-u-s-schools-idUSKBN1ZJ19T

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I am currently in school for Professional School Counseling. From my professional perspective, I feel every student should have the opportunity to express their individuality, personality, and passions while at school. As the school counselor, I want to strive to provide every opportunity for students to do that.
This padlet is for school personnel, teachers, parents, and students to know their legal and ethical rights regarding student religious activity and expression at a public school campus.
I choose this topic because I am currently a middle school teacher and sponsor a faith-based club at the campus. Students came and asked if I would be the teacher sponsor of the club, and I was happy to oblige. This assignment was a perfect opportunity to learn more about what their rights are regarding religious expression while on a public school campus.

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El Paso Independent School District Student Handbook

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El Paso Independent School District Student Handbook

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El Paso Independent School District. (2021, September 23). Student Handbook, Prayer Section. https://www.episd.org/cms/lib/TX02201707/Centricity/domain/203/2020-21%20files/EPISD%202020-2021%20Student%20Handbook.pdf
The student handbook produced by EPISD guides parents and students regarding prayer at their campus. The district states that each student has a right to pray or meditate individually and silently during the school day so long as it does not disrupt the activities or function of the school. The school will not encourage or discourage a student from participating or refraining from prayer or meditation (EPISD, 2021).

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Texas Religious Freedom Restoration Act (RFRA)

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Texas Religious Freedom Restoration Act (RFRA)

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Texas Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (1993)
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.110.htm
RFRA is a law implemented to protect the free exercise of religion, especially for religious minorities. The RFRA sets the stipulations that a school district "may not substantially burden a person's free exercise of religion" (Texas Association of School Boards, 2019). One example is when a Texas school had a rule that male children could not have their hair past their ears. A Native American child had long hair due to their family's religious beliefs. Under the Texas RFRA, it was found that the school could not require the student to cut their hair.

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Santa Fe Independent School District v. Doe

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Santa Fe Independent School District v. Doe

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Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000)
https://supreme.justia.com/cases/federal/us/530/290/
This case was brought to the U.S. Supreme Court by parents who stated the school was violating the First Amendment's Establishment Clause by allowing student-led, student-initiated prayer, over the loudspeakers, at football games. The Supreme Court, in a vote of 6-3, said that the school district was indeed violating the Establishment Clause stating that the prayers over the loudspeaker were a form of public speech that was taking place on government property at a government-sponsored school (Santa Fe Independent School District v. Doe, 2000).

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Texas Religious Viewpoints Antidiscrimination Act (RVAA) 

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Texas Religious Viewpoints Antidiscrimination Act (RVAA) 

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Texas Religious Viewpoints Antidiscrimination Act, Tex. Educ. Code § 25.151 - .156
https://capitol.texas.gov/tlodocs/80R/billtext/html/HB03678F.htm
The RVAA is a Texas State Statue that addresses religious expression in the primary and secondary grade levels. RVAA stipulates that school districts cannot discriminate against a students' expressions of religious beliefs. Students are allowed to express their views in class, through homework assignments, and in their artwork. Students may also organize religious clubs and prayer groups and must be afforded the same access to school facilities as other noncurricular student activities.

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U.S. Const. amend. I
https://constitution.congress.gov/constitution/amendment-1/
The First Amendment of the United States Constitution established the cornerstone of many freedoms Americans enjoy today in our country. The freedoms protected under the First Amendment are the freedom of religion, expression, assembly, and the freedom to petition. Students wanting to participate in religious expression and activities in school are afforded protections under this Constitutional Amendment.

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American School Counselor Association. (2016). ASCA ethical standards for school counselors. https://www.schoolcounselor.org/getmedia/764178fc-c4b7-45d2-a4bc-bd4e101ab15e/EthicalStandards.pdf

·         This resource created by the American School Counselor Association (ASCA) states the ethical standards that school counselors must adhere to.

·         Section A.F states the school counselor will "respect students' and families' values, beliefs, sexual orientation, gender identification/expression and cultural background and exercise great care to avoid imposing personal beliefs or values rooted in one's religion, culture, or ethnicity" (p. 1).

·         As counselors, we are responsible for knowing the legal and ethical principles that promote and protect our students' rights. Knowing these legal guidelines should be part of our role and our goal to encourage each student's welfare. Regarding student religious activity, my role as a counselor is to encourage and support my students as long as it is student-led and I do not impose my personal view or beliefs on them.

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ASCA Ethical Standards for School Counselors - American School Counselor Association (ASCA)