Week+5+Judicial+Review




 * As a team, we identified the following basic problem(s) with the parents' requests:**

The courts generally do //not// support prayer in public schools. The parents' requests run the risk of putting the school in the position of violating the First Amendment rights of some students. This issue is linked to that of the separation of church and state.


 * We identified the following important points related to decision making about the parents' requests:**


 * "Starting with Engel v. Vitale (1962), the Court has had an essentially unbroken line of cases prohibiting school-sponsored prayer and religious activity in public schools." (Russo, 2009) In this case, the Court noted that the Estalbishment and Free Exercise Clauses of the First Amendment made government encrouchment against religion. Public schools violate the Establishment Clause when the schools establish an official religion. The Court found that recitation of prayer in school presented "overt pressure", but that even when it didn't, it may present "indirect coersion", and that the impact of the pressure and coersion is especially present in the impact it has on minorities. (Russo, 2006)
 * The courts are divided on moments of silence. It would appear that if the purpose is clearly for prayer, then it is not allowed. If students are offered a wide-variety of secular "mental activities" in addition to prayer, it may be allowed. (Russo, 2009)
 * There is some case support for moments of silence as long at these pass the 3 prongs of the Lemon test such as in the case of //Croft v Governor of Texas (2008)//. It could not be called silent prayer as prayer would be only one of the options available to students, along with reflection, meditation, or engagement in any other silent activity. (Russo, 2006)
 * The courts are slightly divided on student-led prayer before school events. There is no federal level support for having prayers over loudspeakers prior to sporting events or assemblies.
 * In DeSpain v. DeKalb County Community School District (1967), the Seventh Circuit Court decided that even prayer without the word "God" could not be included in school events, even if the events were voluntary. (Russo, 2009)
 * In Santa Fe Independent School District v. Doe (2000), the Supreme Court decided that prayer before football games violated the Establishment Clause. (Russo, 2009)
 * In //The School District of Abington Township v. Schempp,// the Supreme Court barred the use of prayer as part of opening exercises. (Russo, 2006)
 * Prayers that are "non-sectarian and non-proselytizing" have been permitted by the courts in instances when they are student-sponsored. (Russo, 2006)
 * In Lee v. Weisman (1992), the court ruled that school-sponsored prayer at graduation was unconstitutional, but the courts are divided on student-initiated prayer at graduation. (Russo, 2009)
 * The Eighth Circuit held a Board of Education responsible for attorney's fees when it permitted a teacher to conduct prayers and religious activities at school functions. (Russo, 2006)

I**n response to this request, we came to a consensus that we would take the following steps as principals faced with this challenge:**
 * < # We would thank the parents for their commitment to the students and interest in improving the school; it is a best practice to reinforce efforts of stakeholders to become proactively and positively engaged in the school community, and expressing appreciation expresses that their thoughts are valued.
 * 1) [[image:http://www.jillstanek.com/archives/first%20amendment.bmp width="227" height="288" align="right"]]Schedule a time to meet with them to address their concerns. allowing time to fully investigate options. Before meeting with them to respond to their requests, we would make a point of reviewing the cases that have set precedence related to prayer in school. We would want to be able to respond knowledgeably to the parents. During the preparation for the meeting, we would discuss the situation with the Superintendent, other principals, and the district lawyer(s) for recommendations, and perhaps even directives. This would allow us to determine which, if any, requests could be met.
 * If possible, we would coordinate moments of silence at appropriate times for reflection without reference to religion, allowing people to practice (or not practice) prayer according to each person's belief system. While this may not occur daily or routinely, it could occur as a sign of solidarity after major national events. Again, this would only be coordinated with approval from School Counsel since the cases are inconsistent in their findings.
 * 1) While meeting with parents, we would again express appreciation, and validate concerns as appropriate. We would establish a stance of valuing and supporting diversity, stewarding the school vision and mission of creating responsible citizens. We would share the outcome of our research, providing rationale, and explaining that the public system operates according to the //US Constitutio//n, and that rulings from previous cases where schools have allowed for public prayer set precedence, and guided the decision.
 * 2) We would begin dialogues to brainstorm other options, promoting ownership and buy-in to alternatives. We would suggest the creation of a community group of diverse stakeholders to identify common values that may be taught as part of a Character Education initiative, rather than as a way of promoting religion. This group would be invited to submit input to the School Improvement Team, who would be able to identify ways in which the school could implement a Character Education program. Values based educational training, where the common expression of morals is seen at the school level, would allow for secular and unified development of character. Additional options include providing extra curricular activities that are student lead with may include prayer, the study of religion, and/or other moral and ethical educational activities. ||
 * Our team presented the following questions:**
 * 1) Can a religious community leader pray at a school event, either are part of the program or as a spontaneous occurrence? (We have a non-religious, grant funded mentoring program for boys that is lead by a local pastor. Anyone can participate, but I've seen the boys pray before their basketball games with the Pastor. It's a choice, but is it running the risk of a law suit?)
 * 2) What is the difference between freedom OF religion and freedom FROM religion? Is either side more entitled to protection under the Constitution?[[image:http://www.ffrf.org/news//2006/images/addis-religion-war-cartoon.jpg width="280" height="196" align="right"]]
 * 3) Is the only issue here that the public school cannot take a stance either for or against any religion? In that case, is it the school's place to prevent public practice of students and parents who are free citizens, especially if the expression is peaceful and not serving to disrupt the business of the school?


 * Additionally, we discussed...**
 * I found the distinction between student initiated vs school initiated activities interesting- while I would want every student to be able to express their personal beliefs in a personal way, I think it might be hard to protect the school from an over zealous parent using their child to promote their agenda in the school arena. (TW)
 * It is too bad that people are now so afraid of religion in schools that I believe it barely gets mentioned. The influence and impact of religion, religious documents, and religious leaders on everything from local government to world decisions is important for students to understand (More my commentary on the reading for the week than this case in particular :) (ET)
 * I know that students can particpate or engage in prayer that is "non-coercive", but I find this to be a contradiction to the practice of some religions. Many Christian religions, including but not limited to Jehovah's Witnesses, consider proselytizing an essential part of the practice of their faith. Isn't asking them NOT to do so also non-Constitutional? (SB)


 * Sources**:

AllAboutGOD. (2002-2009). //All about popular issues.// //Prayer in public school-The legal precedents//. Retrieved on June 8, 2009 from http://www.allaboutpopularissues.org/prayer-in-public-school.htm.

Anti-Defamation League. (2009). Religion in the public schools. Prayer in public schools. Retrieved on June 8, 2009 from http://www.adl.org/religion_ps_2004/prayer.asp.

Russo, C. J., & Reutter, E. E. (2006). //Reutter's The law of public education//. New York, NY: Foundation Press/Thomson/West.

Russo, C. J., & Reutter, E. E. (2009). //Reutter's The law of public education//. New York, NY: Foundation Press/Thomson/West.


 * Image Sources:**

http://www.jillstanek.com/archives/first%20amendment.bmp http://www.ffrf.org/news//2006/images/addis-religion-war-cartoon.jpg http://www.schoolprayerinamerica.info/Bill_Rights-Jefferson&Girl.jpg//

= =

=//~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~//= =//This is just our work to reach consensus. //= =//Nothing here to see! Move along! Move along! //=

= =

=//__Team Brainstorming__://=

//**Prayers in Public School**//
//A group of parents come to the principal's office, complaining about the lack of morals and ethics in the school. They believe that the solution is to have more prayer during the school activities. They ask for the following: (a) a moment of silent prayer at the beginning of each day; (b) a prayer offered by a student over the loudspeaker before every athletic event and school assembly; and (c) a prayer by a local religious leader before the graduation at the end of the year.

Are there any problems with the parents' requests? As Principal, how would you respond to these requests?//

//Use the chart below to contribute key points, and add questions or additional comments as needed://
//To help with this week's synthesis, please be sure to read each other's posts, and indicate which items you firmly agree with by placing your initials at the end of the paragraph. THANKS! ~SB//

(a) The courts are divided on moments of silence. It would appear that if the purpose is clearly for prayer, then it is not allowed. If students are offered a wide-variety of secular "mental activities" in addition to prayer, it may be allowed (Russo, 2009, p. 63). (b) The courts are slightly divided on student-led prayer before school events. In DeSpain v. DeKalb County Community School District (1967), the Seventh Circuit Court decided that even prayer without the word "God" could not be included in school events, even if the events were voluntary. In Santa Fe Independent School District v. Doe (2000), the Supreme Court decided that prayer before football games violated the Establishment Clause. (c) In Lee v. Weisman (1992), the court ruled that school-sponsored prayer at graduation was unconstitutional (Russo, p. 56), but the courts are divided on student-initiated prayer at graduation. (AK) ||< - Thank the parents for their commitment to the students and interest in improving the school. (SB-- Always a good practice to value active parental involvement and the intent behind it!) - Let them know that I will look into the possibility of meeting their requests and schedule a time to meet with them to address their concerns. (SB- Proactive, while allowing time for you to get essential information.) - Review case law, particularly in my state, regarding the parents' requests - Discuss with superintendent, other principals, district lawyer(s) other opportunities or situations related to the requests (SB-- Networking!) - Based on the feedback and case law, determine which, if any requests could be met. - Formulate other options, compromises, such as extra curricular activities that may include prayer, the study of religion, or other moral and ethical education. - Meet with parents and explain legal position on requests; offer alternatives ||<  ||
 * ===Team Member=== ||< ===**Problems with the parents' requests...**=== ||< ===**As Principal, how would you respond?**=== ||< ===Questions=== ||
 * Ellen ||< "Starting with Engel v. Vitale (1962), the Court has had an essentially unbroken line of cases prohibiting school-sponsored prayer and religious activity in public schools" (Russo, 2009, p. 51)
 * Tara ||< There is some case support for moments of silence as long at these pass the 3 prongs of the Lemon test such as in the case of Croft v Governor of Texas (2008)//. It could not be called silent prayer as prayer would be only one of the options available to students, along with reflection, meditation, or engagement in any other silent activity.

There is no federal level support for having prayers over loudspeakers prior to sporting events or assemblies. In// Ward v Santa Fe Independent School District (2004) //even student led prayers prior to games were deemed to violate the Establishment clause.

There is no federal level support for having a religious leader speak at graduation ceremonies. In// Lee v Weisman (1992) //the Supreme Court affirmed that school-sponsored graduation prayer was unconstitutional. Circuit courts have remained divided following// Lee //regarding student-sponsored prayer at graduation, but this is not what the parents are currently asking for.// ||< I would respond that unless there was a sound educational and non-sectarian reason in which to engage in moments of silence, then these would not be included in the school day. As for prayers at events, I would explain the case history for these types of activities and let the parents know that as a public institution we are barred from promoting any religion. (ET - I agree that you could probably not meet any of the requests) ||<  || Student sponsored prayer is supported in a history of various cases but it must be limited in the ways that it impacts the general student body as well as is utilized within the public school's general format. Cases that support his viewpoint are: Lee v. Weisman (1992). The trouble with student lead prayer begins when it attempts to impact more than a individual student as seen in the following case: Ward v Santa Fe Independent School District (2004)
 * Autumn ||< School prayer that is school sponsored or lead is not supported by court case law. Examples are Engel v. Vitale (1962), DeSpain v. DeKalb County Community School District (1967), Lee v. Weisman (1992), and Santa Fe Independent School District v. Doe (2000).

The courts largely do not support student prayer in any public format in the school environment. Parents appear to largely violate the First Amendment rights of students with their prayer request. ||< I follow the same steps as Ellen mentioned. I would also hold a form where parents could express they views and I would have the schools legal team available to educate them regarding case law. I would remain supported to the cultural and religious views expressed and recommeded their religious expression be limited to community levels of worship.

I would support a unidentified moment of silence that would be supportive of all students and not identified by a religious context so that parents and students of all faiths and non faiths would feel supported. Values based educational training where the common expression of morals is seen at the school level would be established where school members and parties of all faith could develop the character and will of students in a non religous supportive manner. ||<  ||
 * Stacy ||< The activities suggested by the parents run the risk of placing the school in violation of students' First Amendment rights. The following are severa cases that set the precidence for NOT complying the with ANY of parents' requests:


 * In Engel v. Vitale//, the Supreme Court reversed the judgments of lower courts on the grounds that daily prayer recited aloud was a religious activity that contradicted the Establishment Clause. In this case, the Court noted that the Estalbishment and Free Exercise Clauses of the First Amendment made government encrouchment against religion. Public schools violate the Establishment Clause when the schools establish an official religion. This stands whether or not the students in attendance are coerced to believe in the official religion that is being established. The Court found that recitation of prayer in school presented "overt pressure", but that even when it didn't, it may present "indirect coersion", and that the impact of the pressure and coersion is especially present in the impact it has on minorities. (Russo, 2006)//
 * //In// The School District of Abington Township v. Schempp,// the Supreme Court barred the use of prayer as part of opening exercises. (Russo, 2006)
 * The Supreme Judicial Court of Massachusetts ordered an end to a Board of Education's plan for enacting voluntary prayer; this plan aligned with a statute that permitted students to pray before the beginning of the day if their parents approved. (Russo, 2006)
 * The Eighth Circuit held a Board of Education responsible for attorney's fees when it permitted a teacher to conduct prayers and religious activities at school functions. (Russo, 2006)
 * The Courts remain split in issues related to prayer lead by students at graduation, and moments of silence that are established to allow for silent prayer. (Russo, 2006)
 * Prayers cannot be lead by or sponsored by school officials.
 * Prayers that are "non-sectarian and non-proselytizing" have been permitted by the courts in instances when they are student-sponsored. ||< I'd say, "AMEN!" :o) Just kidding!

Before responding to the parents' requests, I would make a point of reviewing the cases that have set precedence related to prayer in school. While I am sure I'd always know that it's not permitted, I would want to be able to respond knowledgeably to the parents. Only after ensuring that I had everything I needed in the front of my mind, I would meet with the parents.(TW)(ET)(AK)

The meeting would begin by expressing appreciation for the initiative they've shown, and by validating the concerns they have as appropriate. (TW)(ET)(AK)

I would tell them that there are a variety of rulings related to prayer, and that public schools employees, including the principal, cannot endorse religion by organizing sponsoring prayer in school. (TW)(ET)(AK)

I would consider arranging for a moment of silence because the courts have most recently indicated that having a moment of silence does not "advance" or "hinder" religion. (Russon, 2006) I would review with the parents that challenge the school would face with enforcing that practice, perhaps guiding them to considering the greater issue that brought us to the table. I would suggest that the time spent in silence may be equally served through direct, high quality Character Education that aligns with our school's mission and vision. (TW) (ET - since moment of silence seems to be addressed more in lower courts, I would check within the state/district courts, too) (AK)

I would suggest the creation of a community group of diverse stakeholders to identify common values that may be taught as part of a Character Education initiative, rather than as a way of promoting religion. This group would be invited to submit input to the School Improvement Team, who would be able to identify ways in which the school could implement a Character Education program. (TW) (I love the idea of character education!ET) (AK) ||< Can a community religious leader lead a prayer at a public event sponsored by a school? (I don't think so. It seems like any school sponsored event must be secular. ET) (I dont think so I think they can be invited to attend and be given a honored place to sit but leading a prayer is not supported. If they are invited individuals from a large variety of faiths should be included. AK) ||

Additional Comments:
I found the distinction between student initiated vs school initiated activities interesting- while I would want every student to be able to express their personal beliefs in a personal way, I think it might be hard to protect the school from an over zealous parent using their child to promote their agenda in the school arena. (TW) It is too bad that people are now so afraid of religion in schools that I believe it barely gets mentioned. The influence and impact of religion, religious documents, and religious leaders on everything from local government to world decisions is important for students to understand (More my commentary on the reading for the week than this case in particular :) (ET) ||
 * ||<  ||< I find myself struggling with the concept of freedom of religion vs. freedom from religion. The readings this week got me thinking that the law requires that we provide for both in some ways. (SB)