Prayer in Schools

NELA Law Summer 2012 Jennifer Berry Hugh Scott Larry Hodgkins

Activator

Video from Franklin County

http://abclocal.go.com/wtvd/video?id=8695820

Read the hypothetical situations and classify them as permitted or not under the Constitution.

Google doc for handout https://docs.google. com/document/d/1A2Nog9buT7SB1fNIP-JbbaHCj2oBXeFjQrmEJmDxYQ/edit

Add any personal situations in which you have witnessed prayer in public schools.

Before we begin, please bow your heads and join us in a moment of silence for prayer

Rationale / Objectives

Teachers will be able to identify when prayer is constitutionally allowed in public schools. Teachers will be able to identify when prayer is NOT constitutionally allowed in public schools. Teachers will be familiar with key court cases that have clarified when prayer is and is NOT constitutionally protected in public schools.

The Law

1st Amendment

Establishment Clause the government may not promote or establish religious activity Free Exercise Clause individuals are free to practice their religion of choice

Equal Access Act (1984)

Permits students to organize religious groups in school. Secondary students can form student-led, noncurricular clubs that meet during non-instructional time.

Santa Fe Independent School District v. Doe (2000)

Student led Christian prayer by a student chaplain broadcast over the PA system prior to a HS football game in Texas Ruling: Student religious expression is not protected if it is seen as representing the school and is not considered private speech.

Lee v. Weisman (1992)

Principal at middle school in RI invited Jewish rabbi to give Benediction at graduation. Ruling: Principals are not allowed to invite clergy members to deliver prayers at graduation ceremonies. The prayers are seen as coercive and creating peer pressure on students to participate during a school sponsored event

Lemon v. Kurtzman (1971)

PA was using state funds to pay Catholic schools for salaries of teachers in non-religious courses. Ruling: Established three-part test (Lemon Test) to be protected prayer

Must have secular (non-religious) purpose Primary effect must not advance or inhibit religion Must not foster excessive entanglement between government and religion

Lynch v. Donnelly (1984)

Town of Pawtucket, RI displayed creche at a shopping center as part of holiday decorations Refinement of Lemon Test is it the purpose of government to endorse religion and does government policy convey a message of endorsement Ruling display did not advocate any particular religion and had legitimate secular purposes (5-4 decision)

Application of Content to Practice

Review the hypothetical scenarios

See Google doc for answers

https://docs.google.com/document/d/1ijKByonkXka6OgP4yHzNVSSI2c5lYzsLm_371YPj6Q/edit

Use your Crucial Conversation skills to describe how you would handle these situations as someone who is knowledgeable about the law

Assessment

On the back of your handout list three things you learned from this session Pass your sheet to a colleague and add an item to their list; continue circulating your paper until there are 10 items

Resources

YouTube Video

http://www.youtube.com/watch? v=t5We0YR8Sf0&feature=results_main&playnext=1&list= PL77673E04D264F6F5

Dept. of Education Prayer Guidance

http://www2.ed. gov/policy/gen/guid/religionandschools/prayer_guidance. html