In February 2003, the U.S. Department of Education released guidance on
constitutionally of protected prayer in elementary and secondary
schools. These guidelines clarify what it is that public school
students are allowed to do on campus. The guidance is intended to help
protect the rights of all students, regardless of persons, whether
religious or not. Public schools that do not comply with these
regulations risk losing their federal funding.
The guidelines were grounded in the "No Child Left Behind Act of 2001"
and reflect a growing body of judicial decisions.
A
Letter from Rod Paige, U.S. Secretary of Education
FEBRUARY 7, 2003
Dear Colleague:
As part of the implementation of the No Child Left Behind Act of 2001
(NCLB), I am issuing guidance today on constitutionally protected
prayer in public elementary and secondary schools. The purpose of this
guidance is to provide State educational agencies (SEAs), local
educational agencies (LEAs) and the public with information on this
important topic. The guidance also sets forth and explains the
responsibilities of SEAs and LEAs with respect to this aspect of the
NCLB Act. Most significantly, as a condition of receiving funds under
the Elementary and Secondary Education Act (ESEA), an LEA must certify
in writing to its SEA that it has no policy that prevents, or otherwise
denies participation in, constitutionally protected prayer in public
schools as set forth in this guidance.
The guidance clarifies the rights of students to pray in public
schools. As stated in the guidance, "...the First Amendment forbids
religious activity that is sponsored by the government but protects
religious activity that is initiated by private individuals" such as
students. Therefore, "[a]mong other things, students may read their
Bibles or other scriptures, say grace before meals, and pray or study
religious materials with fellow students during recess, the lunch hour,
or other noninstructional time to the same extent that they may engage
in nonreligious activities." Public schools should not be hostile to
the religious rights of their students and their families.
At the same time, school officials may not "compel students to
participate in prayer or other religious activities." Nor may teachers,
school administrators and other school employees, when acting in their
official capacities as representatives of the state, encourage or
discourage prayer, or participate in such activities with students.
In these challenging times, it is more important than ever to recognize
the freedoms we have. I hope that this guidance can contribute to a
common understanding of the meaning of the First Amendment in the
public school setting. I encourage you to distribute this guidance
widely in your community and to discuss its contents and importance
with school administrators, teachers, parents, and students.
Sincerely,
Rod Paige
A
Summary of Permissible Activities that may be Performed by
Students in our Public Schools.
* Students may bring Bibles or other religious scriptures to school and
read them on campus.
* Students may pray together during school hours, so long as it does
not interrupt learning times.
* Students may say grace at lunchtime, silently or aloud, alone or with
other students.
* Students may organize prayer groups, religious clubs, and ad hoc
gatherings. These student-led faith groups must be given the same
access to school facilities as non-religious groups.
* School officials may not compel students to participate in prayer or
other religious activities.
* Students are allowed to pray silently during any school-initiated
"minute of silence."
* When student speakers are selected (using neutral criteria) and
retain control of the content of the message, they may engage in
religious speech or pray in student assemblies or graduation
ceremonies.
Department of Education Online
http://www.ed.gov/index.jhtml
Concepts of Freedom Ministries
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