# data[].attributes.body
I am currently a classroom teacher; however, because I am pursuing my degree in Curriculum and Instruction: Advanced Instructor, I am creating this legal guide from the perspective of my future role as a lead teacher or curriculum director. The intended audience is for classroom teachers and other educational staff members who might have questions about participating in religious speech and practices while in the school setting. I chose this topic because I am a Christian, and although I am a strong believer and follower of Christ, I also know there are limitations to how I can express that belief as an educator. This guide is intended to help others, such as myself, to familiarize themselves with policies on religion and education.

# data[].attributes.body
1. A legal guide discussing educator's rights to express religion in the workplace is important. Many educators are not familiar with the rights or restrictions regarding this topic. Many teachers and coaches want to share their beliefs with their students, athletes, and co-workers, but there are definitely limitations. So, a legal guide explaining the do's and don't's would help educators avoid legal issues.
2.

Teachers are allowed to talk about religion, but not specifically about their beliefs.

Even in groups such as FCA, educators are limited on what they are allowed to say or do.

Teachers can monitor student-led religious groups or clubs, but they cannot actively participate.

3.  Some schools in states across the country are attempting to ban religion altogether by prohibiting prayer, Bibles, etc. On the opposite end of the spectrum, other schools are trying to be more accepting of various religions by providing prayer rooms or continuing to allow student-led religious groups. In the future, it will be interesting to see whether schools become more lenient or more restrictive in regards to the right to express religion.

4. Name: Michelle Profitt
Title: Teacher / Coach / Fellowship of Christian Athletes (FCA) Sponsor
School: Ball High School - Galveston, TX
Link to Bio: https://www.gisd.org/Domain/1169

References
M. Profitt, personal communication, September 27, 2019

# data[].attributes.body
The Fellowship of Christian Athletes (FCA) is an organization for coaches and athletes with the goal of spreading the gospel message of Jesus Christ to others through a mutual passion for sports. The organization is open to all educators and students. The FCA produced a handbook which explains both student and teacher rights to discuss and practice religion in an educational setting. The handbook specifically states what is allowed and what is forbidden in relation to religious expression in schools.

Reference:
Alliance Defending Freedom (ADF). (2015). Student rights handbook: K-12 and university. Retrieved from http://fcaresources.com/ministry-tool/fca-public-school-handbook

# data[].attributes.attachment_link.readable_text
A detailed document outlining the legal rights of students to organize under the banner of FCA in their public middle school, high school or college.

Covered in this document are questions and answers which include:

Part I: What Rights Do Individual K-12 Students Have to Express Their Faith at School?

Part II: What Rights Do Religious Clubs Have to Access Secondary School Facilities?

Part III: What Can Students, Coaches, and Teachers Do As Part of a Religious Club on Campus?

Part IV: What Rights Do Students Have to Express Their Faith and Beliefs on College Campuses?

Glossary of Terms

# data[].attributes.attachment_link.description
A detailed document outlining the legal rights of students to organize under the banner of FCA in their public middle school, high school or college. Covered in this document are questions and answers which include: Part I: What Rights Do Individual K-12 Students Have to Express Their Faith at School?

# data[].attributes.body
Reading the Tea Leaves in Denial of Case Involving a Coach's On-Field Prayer - Mark Walsh

The article discusses a coach who was fired after praying on the field after football games.

The district discouraged the post-game prayer, but the coach argued that his First Amendment rights of freedom of religion and speech were violated.

When the case was taken to court, the court held that when carrying out job duties as a public employee, citizens First Amendment rights may be limited.

The case impacts educators because public school teachers are public employees; therefore, their First Amendment rights are limited when carrying out job duties.

Reference:
Walsh, M. (2019). Reading the Tea Leaves in Denial of Case Involving a Coach’s On-Field

Prayer. Education Week, 38(21), 19-21. Retrieved from https://www.edweek.org/ew/articles/2019/02/13/reading-the-tea-leaves-in-denial-of.html

Link: https://www.edweek.org/ew/articles/2019/02/13/reading-the-tea-leaves-in-denial-of.html

# data[].attributes.body
Colorado School at Center of Religious Materials Controversy

The article discusses a parent complaint about Bibles being distributed at her child's school.

The parent made an attempt to get Bibles removed from the school library, but her efforts were unsuccessful.

The Freedom from Religion Foundation (FFRF) became involved and submitted Satanic reading materials to the school board, which were approved to add to the library resources.

Schools and teachers cannot discriminate against religious or non-religious materials. To remain unbiased, all groups must receive equal treatment and possess the availability to distribute materials.

References:
Decarr, K. (2016). Colorado school at center of religious materials controversy. Retrieved from https://www.educationnews.org/k-12-schools/colorado-school-at-center-of-religious-materials-controversy/

Link: https://www.educationnews.org/k-12-schools/colorado-school-at-center-of-religious-materials-controversy/

# data[].attributes.body
Equal Access Act, 20 U.S.C. § 4071 (1984)

Federal Statutory Law

Public schools that receive Federal funding assistance cannot deny access to student-led religious, political, philosophical, etc. organizations or clubs.

As long as the religious organization is student-led and initiated, it is permissible.

Like any other student-led organization, the meetings must not interfere with educational activities, and they must take place outside of regularly scheduled instructional time.

School employees may be present to monitor religious organization meetings, but they are not allowed to participate.

References:

Equal Access Act, 20 U.S.C.
§ 4071 (1984)

Link: https://uscode.house.gov/view.xhtml?req=(title:20%20section:4071%20edition:prelim)%20OR%20(granuleid:USC-prelim-title20-section4071)&f=treesort&edition=prelim&num=0&jumpTo=true

# data[].attributes.body
U.S. Const. amend. I

Federal Constitutional Law

Citizens are guaranteed freedom of religion.

Congress cannot promote any specific religion.

Congress cannot restrict an individual’s religious practices.

As United States Citizens, school employees reserve the rights granted to them by The First Amendment (when acting as citizens).

References:

U.S. Const. amend. I

Link: https://www.senate.gov/civics/constitution_item/constitution.htm#amendments

# data[].attributes.body
Garcetti v. Ceballos, 547 U.S. 410 (2006)

Federal Judicial Law

Citizens are guaranteed the rights granted by The First Amendment; however, the rights of public employees may be limited when carrying out job duties.

Public employees are subject to discipline from their employer based on speech or actions carried out while performing job duties.

In the school setting, this would mean that teachers could be reprimanded for speaking about religious beliefs in a manner that does not pertain to the classroom curriculum.

References:

Garcetti v. Ceballos, 547 U.S. 410 (2006)

Link: https://www.supremecourt.gov/opinions/05pdf/04-473.pdf

# data[].attributes.body
19 Tex. Admin. Code § 74.36 (2008)

State Administrative Law

School districts may offer a Bible Class as an elective to students in grade 9 and above.

Educators teaching a Bible class must maintain religious neutrality.

A teacher may speak about religion as it pertains to classroom curriculum purposes. Teachers teaching a Bible class would be allowed to speak about events in the Bible from a historical perspective.

References:

19 Tex. Admin. Code § 74.36 (2008)

Link: http://ritter.tea.state.tx.us/rules/tac/chapter074/ch074c.html

# data[].attributes.headline
Slide #10 Local Administrative Law/Policy/Rule

# data[].attributes.subject
Slide #10 Local Administrative Law/Policy/Rule

# data[].attributes.body
Galveston ISD Employee Handbook

GISD employees may not "discriminate on the basis of race, color, religion, national origin, sex, or
disability in providing education services, activities, and programs, including vocational
programs" (GISD, 2019, p. 75). GISD employees are expected to treat all students and co-workers fairly, regardless of religious beliefs.

References:
Galveston Independent School District (GISD). (2019). Galveston ISD Employee Handbook. Retrieved from https://www.gisd.org/Page/8136

Link: https://www.gisd.org/Page/8136

# data[].attributes.body
Texas Educator's Code of Ethics - Standard 3.4

The Texas Administrative Code forbids favoritism or exclusion based on a student's religion, "The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation" (19 Tex. Admin. Code § 247.2 [3] [D]). Therefore, educators cannot exclude students from any activities or programs just because they share different religious beliefs. Similarly, educators also cannot give special treatment to those who do share similar religious beliefs.

References
19 Tex. Admin. Code § 247.2 [3] [D]

Link: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

# data[].attributes.body
A Teacher's Guide to Religion in the Public Schools

This guide helps educators interpret laws regarding religion and education, and it includes answers to common questions teachers may have about their right to express religion in a school setting. Educators can utilize this guide to help further understand their rights and restrictions to exercise religion in their classrooms.

First Amendment Center. (2010). A teacher's guide to religion in the public schools. Retrieved from https://www.religiousfreedomcenter.org/wp-content/uploads/2014/08/teachersguide.pdf

Link:
https://www.religiousfreedomcenter.org/wp-content/uploads/2014/08/teachersguide.pdf

# data[].attributes.headline
Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

# data[].attributes.subject
Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

# data[].attributes.body
Educators can monitor student-led religious groups or clubs, but they may not initiate the group or actively participate by praying or sharing personal beliefs.

Educators may not speak freely about religious beliefs while carrying out job duties.

Educators may be disciplined for participating in religious practices while carrying out job duties (i.e. praying on the football field following a game).

When not carrying out job duties, educators are still granted their First Amendment Rights.

Educators must treat students and co-workers fairly, regardless of religious beliefs (or lack thereof).

Classroom teachers may speak about religion as it pertains to curriculum, but they may not share their personal beliefs with students.