Anna Bottcher and Lily Dancy- Jones

 Reynolds v. United States 1879  14th Amendment, Cantwell v. Connecticut 1940  Establishment clause  Free exercise clause

 Lemon v. Kurtzman 1971  Any law, policy, or criteria to be legally valid regarding religion: 1.It must have a secular purpose. 2.It must neither advance nor prohibit/inhibit religion. 3.It must not create excessive entanglement

Section 9524 of the Elementary and Secondary Education Act ("ESEA") of 1965 Amended by the No Child Left Behind Act of 2001

 Teachers, school administrators, and other school employees  Legal role in “official capacity”  Teachers may take part in religious activities when they make clear that they are not acting in their official capacities

 Generally supported by courts until 1960’s  Engel v. Vitale 1962  inclusion of school prayer still challenged by Congress, state legislatures, and citizens Almighty God, we acknowledge our dependence upon thee and we beg thy blessings upon us, our parents, our teachers and our country

 Teachers and administrators restricted, but activities without encouragement or involvement of school personal are allowed  During non-instructional time  Organized Prayer and group activities  Accommodation of Prayer During Instructional Time

 Wallace v. Jaffree 1985  Today, “Moment of Silence”

 Students may express beliefs about their religion  Work should be judged by regular academic standards of substance and relevance  Intelligent design Vs. Evolution Creationism Theory of Evolution

 Lee v. Weisman 1992, Rhode Island  Jones v. Clear Creek 1992, Texas  Adler v. Duval County School Board, 1994, Florida  Santa Fe v. Jane Doe, 2000

School officials may not mandate or organize prayer at graduation or select speakers that favor religious speech such as prayer.  Officials may make disclaimers to clarify that a speech is the speaker’s and not the school’s

 Abington School District v. Schempp, 1965, Pennsylvania  Murray v. Curlett, 1965, Maryland  use of Bible as “historical, literary, ethics, or philosophical document”  primary effect test  Stone v. Graham, 1980, Kentucky

 Exhibits such as statues, pictures, or other visual materials  cultural heritage for secular purposes, but still refrain from imagery  Displays prohibited  Seasonal displays can be appropriate (eggs, bunnies, reindeer) without religious purpose

 No celebration, services, religious pageants/plays.  South Dakota religious music upheld for secular purposes  Distribution of religious materials prohibited  Tudor vs. Board of Education, 1954, New Jersey

 West Virginia State Board of Education v. Barnette, 1943  Newdow v. United States, 2002, California “under God” Atheist parent supressed Pledge upheld by George Bush dismissed due to position of the plaintiff, constitutionality can still be challenged

 Brown, Steven P., Bowling, Cynthia J. (2003). Public Schools and Religious Expression: The Diversity of School Districts’ Policies Regarding Religious Expression. Journal of Church and State. Pg  Cooper, R. (2001, September 13). Religious Expression in North Carolina Public. State of North Carolina. Retrieved April 23, 2010, from  Essex, Nathan. (2006). A teacher’s pocket guide to school law. Boston: Pearson. Ch. 3.  McGuire, Kevin. (2008). Public Schools, Religious Establishments, and the U.S. Supreme Court: An Examination of Policy Compliance. American Politics Research 37:30. pg  Paige, R. (2003, September 15). Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools. US Department of Education. Retrieved April 22, 2010, from www2.ed.gov/policy/gen/guid/religionandschools/prayer_gu idance.html