2021 FALL SEMESTER - Legal and Ethical Principles (EDG-6305-DM2) by Clarence https://padlet.com/cyarbrough51/uzhdo716g5ptixtz Student Religious Activities or Expression in Schools en-us 2021-02-02 02:04:44 UTC 2026-01-31 17:37:11 UTC hello@padlet.com https://padlet.net/icons/png/1f46e-2642.png Slide #1 Student Religious Activities or Expression in Schools cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1767689646
STUDENT RELIGIOUS ACTIVITIES OR EXPRESSION IN SCHOOLS

Angelo State University 

Legal and Ethical Principles (EDG-6305-DM2)

 

SLIDE #1: MY PROFESSIONAL PERSPECTIVE

From the perspective of a Pastor, I currently serve as a Pastor of the Star of Hope Baptist Church in Nacogdoches Texas. The information provided is free to be used by any academic or religious entity. Title IV and the Civil Rights Act of 1964 are resources which addresses and speak to the Student Religious Activities or Expressions in Schools. 

I selected this topic, because being in the ministry for over 18 years I have seen the effects of the absence of God in our schools. As a result of the Godless schools our students are not afraid or concern with the consequences of their actions, they lack morals, compassion for others, forgiveness is a lost act and love has died in the hearts of our youth. The Civil Rights Act of 1964 and Title IV, again speaks to religious activities or expressions in schools and it appears the cry by groups of students are not afraid to acknowledge their faith and express their belief and profession of God. 

]]> 2021-09-25 19:06:27 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1767689646 Slide #2 Summary of Topic cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1767690433 This is a topic that needs to have continue conversations about. there are many believers in schools who feel their rights are being violated by those who chose not to believe in God. They are being punished because of the beliefs of others. I mean those who have voiced their concerns about having religion in school and fought so diligently to have it removed have violated the rights of those who believe the right to worship God has been taken away from them. Who is really the victim of their rights being violated?]]> 2021-09-25 19:07:23 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1767690433 Slide #3 Professional Association cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768057500 Lupu, wrote an article about how religion in Schools has become extinct over the years. "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" (Lupu, 2019). This has created many issue for many believers who outnumber the non-believers in America. 

"Some Americans are troubled by what they see as an effort on the part of federal courts and civil liberties advocates to exclude God and religious sentiment from public schools" (Lupu, 20219). This is definitely a problem as the believers are not speaking up for their rights closely being violated because they are not able to pray. why can we say that those who do not want to pray during school hours have the right not to pray but those who desire to pray can face punitive actions against them for exercising the very freedoms given to the in the First Amendment.

"Such an effort, these Americans believe, infringes on the First Amendment right to free exercise of religion" (Lupu, 2019).



References


Lupu, I. C. (2019, October 3). Religion in the Public Schools. Retrieved 30 September, 2021, from Pew Research Center: https://www.pewforum.org/2019/10/03/religion-in-the-public-schools-2019-update/

 



]]> 2021-09-26 04:18:53 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768057500 Slide #4 Current News Article cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768058572 This article describes how the rights of Joseph Kennedy was being on the hinge of being violated by the district where he was a High School Football Coach. As he prayed after a football game.

Link to Law:
https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=88%2D352)%20(Title%20VII,religion%2C%20sex%20and%20national%20origin.

Reference: Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et seq (1964)]]> 2021-09-26 04:20:18 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768058572 Slide #5 Current News Article cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768059214 Joseph Kennedy argued that he has just as much right to pray while at school as those who have the right not to pray. Being denied the right to pray. Judge M. Smith wrote an opinion during this hearing. " He wrote that the panel’s opinion specifically identified BSD’s potential allowance of Kennedy’s religious activity as the state action that would have violated the Establishment Clause" .

Law to Link: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/07/19/20-35222.pdf

Reference:
 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/07/19/20-35222.pdf

 ]]> 2021-09-26 04:21:12 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768059214 Slide #6 Original Law cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768060090 Federal Constitution Law

Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) and the Lily Ledbetter Fair Pay Act of 2009 (Pub. L. 111-2) amend several sections of Title VII. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading. Editor's notes also appear in italics.

Link To Law:
https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

Reference: 
U.S. Const. amend. I, § 1. ]]> 2021-09-26 04:22:28 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1768060090 Slide #7 Original Law cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786679080 Federal Statutory Law:

Title VII of the Civil Rights Act of 1964 prohibits employers with at least 15 employees, as well as employment agencies and unions, from discriminating in employment based on race, color, religion, sex, and national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an EEO investigation. With respect to religion, Title VII prohibits:
  • treating applicants or employees differently based on their religious beliefs or practices – or lack thereof – in any aspect of employment, including recruitment, hiring, assignments, discipline, promotion, and benefits (disparate treatment);
  • subjecting employees to harassment because of their religious beliefs or practices – or lack thereof – or because of the religious practices or beliefs of people with whom they associate (e.g., relatives, friends, etc.);
  • denying a requested reasonable accommodation of an applicant’s or employee’s sincerely held religious beliefs or practices – or lack thereof – if an accommodation will not impose more than a de minimis cost or burden on business operations; 1 and,
  • retaliating against an applicant or employee who has engaged in protected activity, including participation (e.g., filing an EEO charge or testifying as a witness in someone else’s EEO matter), or opposition to religious discrimination (e.g., complaining to human resources department about alleged religious discrimination).

Link to Law:
https://www.eeoc.gov/laws/guidance/questions-and-answers-religious-discrimination-workplace


]]> 2021-10-03 03:32:46 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786679080 Slide #8 Original Law cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786684103
State Administrative Law

Texas Administrative Code

(a) Under Texas Education Code, §51.911, all institutions of higher education shall excuse a student from attending classes or other required activities, including examinations, for the observance of a religious holy day, including travel for that purpose. A student whose absence is excused under this subsection may not be penalized for that absence and shall be allowed to take an examination or complete an assignment from which the student is excused within a reasonable time after the absence.(

b) Each institution of higher education shall develop and include in its official bulletins, catalogs, and other appropriate publications a statement regarding its policies and procedures for all excused absences. Policies and procedures for absences due to religious holy days shall be consistent with (or no more arduous than) the institution's policies and procedures relating to other excused absences.

(c) Texas Education Code, §51.911 defines a religious holy day. If a student and an instructor disagree about the nature of the absence being for the observance of a religious holy day as defined therein, or if there is similar disagreement about whether the student has been given a reasonable time to complete any missed assignments or examinations, either the student or the instructor may request a ruling from the chief executive officer of the institution or his or her designee. The student and instructor shall abide by the decision of the chief executive officer or his/her designee.

(d) Each institution may exclude from these policies and procedures any student absence for religious holy days which may interfere with patient care.


Link to Law:
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=1&ch=4&rl=4

Reference:
Texas Education Code, §51.911 

]]> 2021-10-03 03:40:56 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786684103 Slide #9 Judicial Law cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786686389
Judge said Jewish man had to attend trial on the Sabbath
Phillips’s attorneys had cited provisions relative to religion in both the Pennsylvania constitution and the First Amendment. By contrast, their opponents said that the state had not violated Phillips’s conscience because “there was no coercion to change his faith, or to alter his practice in pursuance of it.”
The 19th decision in Phillips et al. (Simon’s Executors) v. Gratz, 2 Pen. & W. 412 (1831), by Justice John Bannister Gibson of the Pennsylvania Supreme Court (the other two justices did not participate), is notable for its ruling that the scruples of a Jewish man who refused to attend his trial because it was on his Sabbath did not provide a proper reason to postpone his case. 

The 19th decision in Phillips et al. (Simon’s Executors) v. Gratz, 2 Pen. & W. 412 (1831), by Justice John Bannister Gibson of the Pennsylvania Supreme Court (the other two justices did not participate), is notable for its ruling that the scruples of a Jewish man who refused to attend his trial because it was on his Sabbath did not provide a proper reason to postpone his case. 

Link of Law:
https://www.mtsu.edu/first-amendment/article/754/phillips-et-al-simon-s-executors-v-gratz


Reference:
Phillips et al. v. Gratz (1831)




]]> 2021-10-03 03:44:23 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786686389 Slide #10 Local Policy cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786686820  The district will reasonably accommodate an employee’s request for absence for a religious holiday or observance. Accommodations such as changes to work schedules or approving a day of absence will be made unless they pose an undue hardship to the district. The employee may use any accumulated personal leave for this purpose. Employees who have exhausted applicable paid leave may be granted an unpaid day of absence. 

Link to Law:
https://www.manorisd.net//cms/lib/TX50000414/Centricity/Domain/70/2021-2022%20MISD%20Employee%20Handbook.rev1.pdf

Reference:
Manor ISD Employee Handbook (2021, June 14), Religious Observances, page 43 and retrieved from https://www.manorisd.net//cms/lib/TX50000414/Centricity/Domain/70/2021-2022%20MISD%20Employee%20Handbook.rev1.pdf

]]> 2021-10-03 03:45:05 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786686820 Slide #11 Ethical Principles cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786687541 Learning through religious and moral education enables children and young people to:

• recognize religion as an important expression of human experience

• learn about and from the beliefs, values, practices and traditions of Christianity and the world religions selected for study, other traditions, and viewpoints independent of religious belief

• explore and develop knowledge and understanding of religions, recognizing the place of Christianity in the Scottish context

• investigate and understand the responses which religious and non-religious views can offer to questions about the nature and meaning of life

• recognize and understand religious diversity and the importance of religion in society

• develop respect for others and an understanding of beliefs and practices which are different from their own

• explore and establish values such as wisdom, justice, compassion and integrity and engage in the development of and reflection upon their own moral values

• develop their beliefs, attitudes, values and practices
 through reflection, discovery and critical evaluation

• develop the skills of reflection, discernment, critical thinking and deciding how to act when making moral decisions

• make a positive difference to the world by putting their beliefs and values into action

• establish a firm foundation for lifelong learning, further learning and adult life. Religious and moral education is therefore an essential part of every child or young person’s educational experience.

Reference:
Lupu, I. C. (2019, October 3). Religion in the Public Schools. Retrieved 30 September, 2021, from Pew Research Center: https://www.pewforum.org/2019/10/03/religion-in-the-public-schools-2019-update/

 

]]> 2021-10-03 03:46:13 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786687541 Slide #12 Non-Law Source cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786688121 The Department of Justice and the U.S. Attorney’s Office for the Eastern District of Texas today announced an agreement with the City of Farmersville, Texas, to resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when, in July 2017, it denied an application by the Islamic Association of Collin County (Islamic Association) to build a cemetery.

Link:
https://www.justice.gov/opa/pr/justice-department-settles-claims-against-farmersvilletexas-involving-denial-islamic-cemetery

Reference:
Justice, D. o. (2019, April 16). Justice Department Settles Claims Against Farmersville,Texas, Involving Denial of Islamic Cemetery. Retrieved October 1, 2021, from United States Department of Justice: https://www.justice.gov/opa/pr/justice-department-settles-claims-against-farmersvilletexas-involving-denial-islamic-cemetery

]]> 2021-10-03 03:47:09 UTC https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786688121 Slide #13 Recommendation cyarbrough51 https://padlet.com/cyarbrough51/uzhdo716g5ptixtz/wish/1786688443 There are Best Practices which will help with different protocols and procedures pertaining to Student Religious Activities of Expression in Schools. Title VII Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.

- Respect for others religious beliefs
- Train others on what the protocols are pertaining to Student Religious Activities of Expressions.
- Establish protocols which will allow the the practice or non-practice of religious beliefs. 
- The right of a student or student club to engage in religious speech or activities on school property may, however, conflict with other protections, such as the right of students to avoid harassment (Lupu, 2019).
- Resolve allegations that the City violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when, in July 2017 (Justice, 2019).




References


Justice, D. o. (2019, April 16). Justice Department Settles      Claims Against Farmersville,Texas, Involving Denial of Islamic Cemetery. Retrieved October 1, 2021, from United States Department of Justice: https://www.justice.gov/opa/pr/justice-department-settles-claims-against-farmersvilletexas-involving-denial-islamic-cemetery

Lupu, I. C. (2019, October 3). Religion in the Public Schools. Retrieved 30 September, 2021, from Pew Research Center: https://www.pewforum.org/2019/10/03/religion-in-the-public-schools-2019-update/

 




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