Legal Guide-EDG 6305-Religious laws for schools by Courtney Marrs

Slide #1-Professional Perspective

courtneymarrs — 2024-12-04 18:20:10 UTC

My professional perspective would be that all students should have rights to practice religion in the school setting. Students deserve to have the right to freely practice their religion however they feel. I have the wish that teachers/administrators had the same right as students and could teach on it in the classroom. I am in the field of School Counseling and know that I will have to deal with religious type of situations in that field.

Slide #2-Summary of topic

courtneymarrs — 2024-12-04 19:28:46 UTC

Should there be freedom of religion in school setting?

Students should be able to freely express their religious views and how they feel about their religion.

I chose this topic because it means something to me. As a future school counselor, I want students to be able to express how they feel about certain situations, especially religion. My husband and I are both in the ministry and it means a lot to us to be able to talk about Jesus and also hear children talk about it.

Slide #3-Professional association

courtneymarrs — 2024-12-04 19:29:01 UTC

Texas schools say no to hiring a Chaplain counselor. Senate Bill 763 allows hiring religious chaplains as counselor, but in Texas a school district rejected the chaplain program. More than 1200 school districts approved the implementation of the Baptist Joint Committee for Religious Liberty and three small districts approved the use of employed chaplains as school counselors. This outcome is a testament to the respect for trained school counselors and the power of local control advocacy. This bill was intended to help smaller rural districts employ school counselors because it can be difficult to find fully trained school counselors to fill those positions.

Source: https://www.texasaft.org/uncategorized/texas-schools-say-no-to-chaplain-counselors/

Slide #4-News article

courtneymarrs — 2024-12-04 19:29:13 UTC

The state board of education voted last month on whether to allow public school districts to opt in to a new elementary school curriculum featuring bible-based lessons. Staci Childs, a board member, asked her pastor for prayer that this goes well. Staci says "I'd think that learning some new thing about the bible on a historical account is not necessarily bad." The material won narrow approval in the republican led vote. It is stated that there is a clear separation of church and state. Officials, educators, and parents are not being confronted on the amount of religious-infused lessons that they want children to have access to. "Bible wins in Texas" said Jonathan Saenz, president of Texas Values. "Liberals efforts to Target, Deny and ban the bible's influence on English literature and history fails." School districts won't be forced to introduce the curriculum in their kindergarten through fifth grade classrooms, but if they choose to do so, they would earn a financial incentive of $60 per child beginning next year.

Personally, as a Christian wife and mother and someone who is in the ministry and a teacher and future school counselor, I think it would be amazing to see bible lessons in the classroom.

Ortiz, E. "Separation of church and state? Religion in public schools is being tested by Christian conservatives." https://www.nbcnews.com/news/us-news/bible-in-public-schools-church-state-religion-rcna181934

Slide #5-News article

courtneymarrs — 2024-12-04 19:29:27 UTC

What should freedom of religion look like in public schools after Supreme court decision?

The supreme court's decision in Kennedy V. Bremerton School District reignited the conversation about religion's place in public schools. Many people fear that the ruling undermines separation of church and state in public education. Northeastern news agrees that schools need to do better in recognizing students and who they belong to religion wise. Some Jewish families are worried that their children will return to schools and have to participate in Christian prayer and holidays. This supreme court ruling will allow students to have equity and inclusion in their religion.

Kuzab. A. What should freedom of religion look like in public schools after Supreme court decision. https://news.northeastern.edu/2022/07/28/freedom-of-religion-public-schools/

Slide #6-Constitutional Law

courtneymarrs — 2024-12-04 19:43:13 UTC

According the Constitution, the first amendment forbids public school officials from acting in their official capacities and within their job duties, to direct or favor prayer. Students and teachers do not shed their constitutional rights to freedom of speech or expression at school. The first amendment right allows all students to use religious speech and pray at any time in the school setting with prejudice. Students may pray with fellow students during the school day with the same terms. Students may also speak to, and may attempt to persuade their peers about religious matters just as they may do with regard to political matters. (U.S. Const. amend. XIX)

Slide #7-Judicial law-Santa Fe Independent School District v. Doe

courtneymarrs — 2024-12-04 19:43:21 UTC

Santa Fe Independent School District was a case against about student-led and student-initiated prayer. Before football games, members of the student body of a Texas high school elected one of their classmates to address the players and spectators. These addresses were conducted over the school's loudspeakers and usually involved a prayer. Attendance at these events was voluntary. Three students sued the school arguing that the prayers violated the Establishment Clause of the First Amendment. A majority of the Court rejected the school's argument that since the prayer was student initiated and student led, as opposed to officially sponsored by the school, it did not violate the First Amendment. The Court held that this action was school-sponsored prayer because the loudspeakers that the students used for their invocations were owned by the school. (530 US 290(2000)

Slide #8-Statutory Law

courtneymarrs — 2024-12-04 19:43:27 UTC

The Texas Education Code, § 25.901 reads: “A public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school.

Slide #9-Administrative Law

courtneymarrs — 2024-12-04 19:43:34 UTC

Freedom of religion and Texas statute 110.003 states that religious freedom is protected. A government agency may not substantially burden a person's free exercise of religion.

Slide #10-Local Administrative Rule/Policy

courtneymarrs — 2024-12-04 19:44:09 UTC

Dawson ISD does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients. (DISD, 2024)

This policy includes the first amendment right that students shall exercise their right to use religion in the school.

Website: https://www.dawsonisd.net/apps/pages/index.jsp?uREC_ID=318611&type=d&pREC_ID=2067644

Slide #11-Ethical Principle

courtneymarrs — 2024-12-04 19:44:33 UTC

The first amendment states that students must have freedom of expression of religion.

More than 55 years after the Supreme Court issued its landmark ruling striking down school-sponsored prayer, Americans continue to fight over the place of religion in public schools. Questions about religion in the classroom no longer make quite as many headlines as they once did, but the issue remains an important battleground in the broader conflict over religion’s role in public life.

Slide #12-Non-Law source

courtneymarrs — 2024-12-04 19:48:05 UTC

Public school staff must take reasonable steps to accommodate a student's religious beliefs or practices unless that accommodation would create an undue hardship. Meaning it is costly, compromises safety, or infringes on the rights of other students or employees.

Religious accommodation:

-excuses absences for religious observations

-provides alternative assignments with similar learning goals

-waiving dress code if it conflicts with religious beliefs.

Slide #13-Bulleted list of recommendations

courtneymarrs — 2024-12-12 22:21:15 UTC

Allowing students to privately pray
Permitting students to form religious group meetings outside of instructional time
Accomodating religious holidays with flexible assignments
Ensuring respectful dialogue of all religions
Provide opportunities for students to discuss religious concepts in a respectful manner
Allow students to miss school for religious holidays
Provide alternate assignments for students who can not participate in activities due to religious reasons