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Religious Expression Case Analysis and Rationale

Part 1: Case Analysis

1. Brief summary of the case:


The school, praised for its collaborative efforts with the local community to enhance its
operations, is renowned for being a high-performing middle school. Its principal
welcomes innovative proposals that promote the growth of the institution and has adopted
the practice of involving the School Site Committee in creating new curricula plans.
During the most recent school year, a parent proposed introducing a religious studies
course which was accepted by the committee. Afterward, they drafted a proposal which
was approved by the Principal. The next step would be to present it to the school board;
however, prior to doing so, one of the parent's friends voiced her opposition to integrating
this curriculum due to its potential conflict with separation between church and state, and
the implementation of the Bible as the resource. On the night of the school board
meeting, she arrived with media and protest signs to demonstrate her disapproval.

2. Identify the issues to be resolved:


The issues to be addressed are: Does implementing a religious studies course constitute a
breach of the separation between church and state by employing the Bible as a textbook,
or is the Bible merely representative of literature that explains the basis of one religion?
Will other sources of information be used in addition to the Bible? Further inquiries
include: what measures can be taken to ensure that the course is impartially carried out
while at the same time respecting different views? Finally, how can we focus on its
literary and historical components?

3. Stakeholders involved in the issues:


The stakeholders include parents, students, community members, teachers and staff,
school board members, principal, administrators, state law makers, the media, religious
leaders, and of course, the neighbor.

4. One or two existing laws or court rulings that relate to the issues:
❑ History and Literature of the Bible Act-House Bill No. 68 ACT No. 215
Louisiana passed a law this year that allows high schools to offer an elective
course on the history and literature of the Bible.
❑ Abington v. Schempp

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While the Supreme Court ruled against requiring the reading of the Bible, it was
acknowledged that the Bible is worthy of study for its historic qualities,
supporting the right to teach the Bible as a secular curriculum.
❑ Stone v. Graham
The Supreme Court ruled that posting the Ten Commandments violated the
Establishment Clause, despite the dissenting opinion that there was a secular
purpose rather than a religious one. Despite this ruling, the Supreme Court still
consented to use of the Bible as an academic reference for historical or
educational purposes.

5. District policies that relate to the issues:


The Tangipahoa Parish School Board recognizes the importance of religion in studying
history, culture, literature, music, drama, and art. Therefore, it is necessary to include
religious elements to ensure a comprehensive and fair presentation. These religious
components must be appropriate for the field of study in which they are presented and
should always remain objective. The emphasis on religious themes should be
academically balanced and should never attempt to promote any specific faith or degrade
another's beliefs. This approach aims to cultivate mutual respect amongst students while
expanding their understanding and appreciation for how religious heritage shapes various
aspects of civilization (TPSS, 2022).

6. Possible solutions to the issues:


Possible solutions to remedy the issues are as follows:
a. The school board can research the curriculum further to confirm it aligns with
school policy, state and federal laws; then return with any stipulations regarding
the implementation of the religious studies course, if needed.
b. The school board can deny the curriculum; with a compelling reason that proves
the curriculum has a religious purpose rather than a secular purpose.
c. The school board can support the approval of the curriculum by demonstrating to
the public that it does not violate the separation between church and state by using
the Bible as a resource.

7. The solution you choose to resolve the issues:


The solution I choose to resolve the issue is: The school board can research the
curriculum further to confirm it aligns with school policy, state and federal laws; then
return with any stipulations regarding the implementation of the religious studies course,
if needed.
This is the best solution because it gives time for the school board to ensure they are
following state and federal laws so that whether everyone agrees, the policy will be
upheld according to the law.

8. Action steps (2-5) for implementing your solution, including a timeline for each step:

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The school board will begin by listening to the committee's remarks regarding the
religious studies curriculum. Following that, they will invite any stakeholders involved to
make their comments.
For the next two months, the school board will review the History and Literature of the
Bible Act and regulations from the State Board of Elementary and Secondary Education
regarding implementation of this course. The board will verify compliance with these
policies by researching laws that have been passed in other states which permit use of the
Bible as a resource for this curriculum. Additionally, they will research training courses
for teachers to learn how to properly implement curricula and undergo yearly
professional development to understand program objectives, keep up to date on laws, and
remain compliant.
For the third and fourth month, the school board will modify the curriculum based on
their findings. Involved stakeholders such as the principal, a community member, a
student, and a parent will be present to provide input. To guarantee that the religious
studies course complies with the Lemon v. Kurtzman standard (the Lemon Test), this test
has been added in the clause that requires principals or administrators to practice it during
instructional walkthroughs. This ensures that the curriculum is being presented
objectively and neutrally. This step will also include feedback from an outside litigation
firm to assure the content is secular rather than spiritual.
At the end of the fifth month, the school board will convene publicly to present changes
to the curriculum before deciding whether to approve them.
9. Potential moral and legal consequences of the solution:
Legal Consequences:
From a legal standpoint, there may be potential First Amendment concerns over
situations where the material being taught could heavily favor one religion over another.
There is the potential risk of being sued by parents or guardians who believe their
children's religious views are underrepresented or not fully respected by the school.
Moral Consequences:
Morally, it raises questions related to issues concerning academic freedom and students'
rights to an education free from religious indoctrination. Teachers must be careful to
avoid imposing their own religious beliefs on students, as doing so could be a violation of
civil rights law.

Part 2: Rationale

Support the case analysis with a 500-750 word rationale explaining the solution you chose and
how that solution:

• Supports the school’s vision and mission and safeguards the values of democracy, equity,
and diversity.
• Promotes social justice and ensures that individual student needs inform all aspects of
schooling.
• Promotes collaboration, trust, learning, and high expectations.

Cite the case and any other source documents as appropriate.

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Rationale

Supports the school’s vision and mission and safeguards the values of democracy, equity,
and diversity

This solution fully supports the school's vision and mission by allowing the school board

to take the time to thoroughly research the curriculum and confirm that it aligns with school

policy and all state and federal laws. By doing this, democracy, equity, and diversity will be

preserved while considering any stipulations for implementing a religious studies course where

needed. Thus, everybody involved in this decision can rest assured that the course is legally

sound - regardless of how they feel about its implementation. Furthermore, this process ensures

that everyone can express their opinion before making a final decision. Hence, no one feels

unheard or unrepresented while allowing for an objective implementation based on law rather

than emotion.

Ms. Avery has been recognized for establishing curricula aligned with the school district,

ensuring she follows the proper channels to implement innovative ideas. Principals should

adhere to PSEL Standard 1 by acting consistent with the school's mission, as NPBEA (2015)

recommended. It is essential to solicit feedback from individuals with diverse religious

backgrounds to ensure all stakeholders are incorporated in the decision-making process.

Collaborating with all involved allows fairness when considering the culture of all involved, as

suggested in PSEL Standard 4 (NPBEA, 2015). To ensure federal guidelines are met, such as not

using a specific version of the Bible as a textbook and representing multiple religious views, this

curriculum will guarantee that these regulations are followed.

Promotes social justice and ensures that individual student needs inform all aspects of

schooling

Solution-based approaches to social justice and individual student needs are critical

factors in promoting equitable schooling experiences as per PSEL standard 1 (NPBEA, 2015).

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When a school board researches curriculum further to confirm it aligns with school policy and

state and federal law, they ensure that all students receive the same standard of education

regardless of religion or belief system. In addition, returning with stipulations regarding

implementing a religious studies course allows for any special accommodations or

considerations to be made individually; this approach helps create an atmosphere of inclusion

and acceptance in the classroom by recognizing each student's unique needs. This practice will

help align current practices with school policies and federal and state laws.

Through the Lemon Test from Lemon v Kurtzman (1971), schools can address these

needs to ensure that all students have an equal opportunity for a quality education. By following

this test, schools can make sure their educational programming meets each student's specific

needs while also creating a fair learning environment that allows everyone to succeed. Principals

will ensure that the religious studies course is impartial by conducting walkthroughs to evaluate

if it passes the Lemon Test, demonstrating that its use is exclusively secular.

Promotes collaboration, trust, learning, and high expectations

This process ensures all stakeholders know their responsibilities when revisiting a

potentially controversial topic. It also demonstrates respect for those responsible for determining

the legality and helps foster mutual understanding. Further researching the curriculum allows for

honest dialogue about its implications, creating a trusting environment where collaboration is

encouraged. This exercise also encourages learning and understanding among all individuals

involved, leading to higher expectations being placed upon students as they strive towards

excellence in their religious studies. The solution ethically provides moral guidance while

ensuring all stakeholders possess the necessary knowledge and skills, with the provision of

ongoing professional growth for educators in accordance with PSEL Standard 2 (NPBEA, 2015).

The Louisiana state legislature passed House Bill 68 Act 215 (2023), allowing high

schools to offer religious studies courses. This course seeks to teach students about the Bible to
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understand its influence on society throughout history. In light of Abington v. Schempp (1963),

when the Supreme Court voted against reading from the Bible, it was suggested that studying it

should be allowed, as Stone v. Graham (1980) indicated. However, the Supreme Court took this

further by ruling in Gibson v. Lee County School Board (1998) that primary resources such as

the Bible may be used for secular purposes within courses like this one, even though displaying

Ten Commandments in classrooms was found unconstitutional. Given these circumstances, it is

clear why the neighbor might disagree with using the Bible; however, its inclusion is legally

permitted when done so for education and not religious reasons. The Principal's behavior

supported curriculum development and implementation by being responsive to cultural needs

and mindful of student learning (NPBEA, 2015).

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Resources

Abington School District v. Schempp, 374 U.S. 203 (1963)

Gibson v. Lee County School Bd., 1 F. Supp. 2d 1426 (M.D. Fla. 1998)

History and Literature of the Bible Act, House Bill No. 68 ACT No. 215. (2023).

http://www.legis.la.gov/Legis/ViewDocument.aspx?d=1332276

Lemon v. Kurtzman :: 403 U.S. 602 (1971)

National Policy Board for Educational Administration (2015). Professional Standards for

Educational Leader 2015. Reston, VA: Author.

Stone v. Graham, 449 U.S. 39 (1980)

TPSS School Board. (2022). Policy Manual.

https://go.boarddocs.com/la/tpss/Board.nsf/Public?open&id=BMBNDF5F6BD1#

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