Legalities

Religion in Schools

Board Pointers for Avoiding Costly Missteps on the Religion In Schools Front

by Howard E. Seufer, Esquire
Bowles Rice McDavid Graff & Love

I, DEVOTED BOARD OF EDUCATION MEMBER, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of West Virginia and will faithfully discharge the duties of Board of Education Member to the best of my skill and judgment, so help me God.

Some find it ironic that the first official act of every member of a West Virginia county board of education requires a solemn promise to support the Constitution of the United States with aid and assistance from God. This promise sometimes tests the capacity of board members to strike a most delicate balance between the Constitutional requirement that state and church remain separate and the equally important Constitutional right of individuals to practice their religion and express their views without government interference. The outbreak of a full scale dispute concerning religious issues in a school community can have a profound effect upon a board's agenda. A significant amount of time may be required to resolve deep seated differences among board members and community members to the detriment of traditional educational issues that may need attention. Legal proceedings require not only time, but may also expose the District to substantial fee expenses. For these reasons, a county board of education should consider proactive measures to prevent unnecessary strife.

A core function of county boards of education is policy making. Fortunately, thoughtful attention to policy in the area of religious issues will serve to reduce the risk of unnecessary problems. The following suggestions are presented for your consideration.

• DO become familiar with the Student Handbook - Student Rights and Responsibilities (State Board Policy 4372). Sections dealing with Freedom of Religion, Freedom of Speech, Freedom to Assemble and the ability of students to hold religious group meeting on the same terms that other non-curricular student groups meet are included.
• DO consider the maintenance of a policy that establishes rules for the appropriate discussion of religious subjects in the classroom. Such policies should cover topics including: religious holidays; the display of religious symbols; scheduling events and tests to avoid, wherever possible, conflicts with periods during which students may be absent in connection with the observance of religious holidays; the conditions under which students may be excused from activities considered to be objectionable on religious grounds; and, continuing staff development to ensure that school personnel are sensitive to religious issues that may arise in the school setting.
• DO make sure that your District's student attendance policy includes "observance of a religious holiday" as a basis for an excused absence.
• DO maintain a policy that comports with court decisions if student led prayer is permitted during graduation ceremonies.
• DO maintain a policy that meets the requirements of the law if outside groups are permitted to make materials, including bibles, available to students.
• DO allow outside religious groups to use school facilities on the same terms as non-religious community groups.
• DO give careful consideration to a request from a student or an employee for an accommodation of a religious principle. (May require legal advice).
• DO check library material policy to ensure that parents have an opportunity to inspect books and other materials and request that their children not be permitted access to materials to which they object.
• DO have a policy concerning the selection of movies to be show in the classroom.
• DO NOT allow students to pray over a school intercom system or over the public address system at an athletic or other school sponsored event.
• DO NOT allow school personnel to lead students in prayer, schedule time for student prayer, or hold student elections as to whether prayer will be offered, under any circumstances.