Legal Ease: School Law Notes - Boards need to act now to reduce holiday headaches
As the holiday season approaches, school board members and administrators are often confronted with issues related to religion in the schools.
Reviewing existing policies and ensuring that staff and parents are familiar with board policies in this area will alleviate stress during the holidays—and help avoid conflicts. Policies developed with community input are more likely to be accepted and effectively implemented.
The U.S. Constitution mandates the separation of church and state, as well as the right to freely exercise religion.
The viewpoints of both the religious and nonreligious must be respected. An absolute prohibition on any religious content in school programs will not protect a district from challenges, as this could be construed as hostile to religious beliefs.
The potential for parent challenges to school observances—or the lack of observances—begins with Halloween and escalates as the December holidays approach.
Concerns raised by families that practice the Wiccan religion have caused some school boards to raise a fundamental question about Halloween costume parades and other holiday traditions: What is the educational purpose of the activity? If the activity does not have an educational purpose, it might not be appropriate to hold it on school grounds.
Some symbols have become so secular that they are permitted by the courts in a public setting, including the Christmas tree (a secular symbol of the winter season) and the Hanukkah menorah (a symbol with both secular and religious meanings).
The U.S. Supreme Court, however, has not addressed whether a display that includes these items is permissible in the public school setting.
Non-religious holiday decorations and festivities in public schools should be used as an educational opportunity for students to experience the diverse customs and practices represented in our nation. School policies that are developed and implemented with educational motives are likely to be upheld by the courts—and accepted by the school community.
Many policies allow students to be excused from a specific activity that contravenes their religious beliefs. It is important that expectations be established well before an activity or event customarily takes place.
For example, if a district proposes doing away with placing an evergreen tree decorated with ornaments and a star in the school lobby and opts to have a “giving tree” decorated with hats and mittens for the needy, the new practice should be communicated to the school community during the fall.
Teaching about religious holidays is permissible, but celebrating a religious holiday is not.
Educators must take care when designating a student as the spokesperson for a particular religious tradition, since the student might be uncomfortable in that role or might seize the opportunity to proselytize.
School musical programs should include secular selections. While the use of religious music for an educational purpose is not prohibited, the program should reflect a diversity of beliefs and customs.
While numerous court cases deal with religious displays or performances on public property, they are not necessarily applicable to the school setting. As the U.S. Supreme Court indicated in the 1989 decision in County of Allegheny v. American Civil Liberties Union, there is a special sensitivity in addressing religious issues in public schools.
Patrice McCarthy is deputy director and general counsel of the Connecticut Association of Boards of Education.
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