1. Religion in Schools Case Problem 2 Nathan DeBaillie, Cindy Eimer, Eric Jennings, Kristi Loy, Allison Ryser, Caitlin Watson

2. Handbook Entries and Administrative Procedures for High School There are no current policies that addresses holiday celebrations, the Pledge of Allegiance, or pre-game prayers. We make the following recommendations to improve the current handbook.

3. Holiday Celebrations The Student Handbook will state: Holiday musical performances may contain some music of religious nature, as long as the sectarian selections do not dominate the performance to the point of promoting a specific religion. [ Bauchman v. West High School; R.J.J. v. Shineman, 658 S.W.2d 910, 913 (Mo. Ct. App. 1983)

4. Holiday Celebrations Students who do not wish to participate in holiday celebrations due to religious beliefs may opt out of the objectionable activities and substitute a comparable educational experience that satisfies curriculum requirements. [(Mozert v. Hawkins County, 827 F 2d. 1058 (6 th Cir. 1987)]

5. Holiday Celebrations Reasoning The importance of holidays, whether religious or secular, may be explained and discussed in an impartial manner as part of regular classroom instruction. (Clever v. Cherry Hill Township Bd. Of Educ., 838 F. Supp. 929, 939 (D.N.J. 1993)

6. Holiday Celebrations Reasoning “The constitution does not require that the purpose of every government-sanctioned activity be unrelated to religion.” (Justice O’Conner in Lynch v. Donnelly, 465 U.S. 668) It is constitutionally permissible to "advance the students' knowledge and appreciation of the role that our religious heritage has played in the social, cultural and historical development of civilization.“ [Florey v. Sioux Falls Sch. Dist., 619 F.2d 1311 (8th Cir.), cert. denied, 449 U.S. 987 (1980)]

7. Pledge of Allegiance The student handbook will state: Illinois law requires the recitation of the Pledge of Allegiance by pupils in Illinois public elementary and secondary schools each day. However, students who object are not compelled to participate. 105 ILCS 5/27-3

8. Pledge of Allegiance Reasoning Newdow v. US Congress Newdow, an atheist, objected to daughter’s exposure to the words “under God” in the Pledge of Allegiance. Supreme Court used three questions to identify religious rights infringements in the school district’s policy. – Was this done for religious purposes? (No) – Does it have religious effects? (No) – Is it attempting to endorse religion? (No) Pledge of Allegiance was held to be constitutional.

9. Pledge of Allegiance Reasoning Newdow Case – Court emphasized that objecting students were not required to stand up and recite the Pledge. Court referred to West Virginia v. Barnette – Policy requiring students to salute the flag was ruled unconstitutional Elk Grove developed a number of procedures to accommodate students who opt out of the Pledge based on the Barnette case.

10. Pledge of Allegiance Reasoning Sherman v. Community Consolidated School District No. 21 of Wheeling Township – Sherman sued the school district and the Illinois Attorney General – Sought relief from reciting the Pledge – Said it violated the establishment and free exercise clauses of the first amendment because of the words “under God.” – The courts ruled in favor of the defendants.

11. Pre-game prayers The student handbook will state: Students have the right to voluntarily engage in individually initiated, non- disruptive prayer. Students should not ask other members of the school community to participate.

12. Pre-game Prayer Reasoning Law reserves the students’ right to free speech – Prayer’s are not considered offensive Faculty/Staff cannot initiate prayer – Violation of the Establishment Clause School district cannot intentionally provide a forum to promote a single religion

13. Pre-game Prayer Reasoning (105 ILCS 20/5) – students may voluntarily engage in student-initiated prayer consistent with the Free Exercise and Establishment Clauses of the United States and Illinois Constitutions, and is not sponsored, promoted, or endorsed in any manner by the school or any school employee. Engel v. Vitale, 1962 – Made it unconstitutional for a school official to initiate prayer Santa Fe Independent School District v. Jane Doe, 2000 – Declared student led, district sponsored, prayer unconstitutional Chandler v. James, 2000 – Found genuine student-initiated religious speech Constitutional because it is private speech endorsing religion

14. Conclusion As administrators we must consider the ramifications of not having a handbook that properly follows school code. The recommendations given will ensure the student handbook section on religion in schools will be legally defensible in a court of law.