Religion in Missouri Public Schools God Help Our Football Team (Washington, D.C., Sept. 25, 2014)—Today the American Humanist Association’s Appignani

Religion in Missouri Public Schools

Missouri EdCounsel, LLC

God Help Our Football Team• (Washington, D.C., Sept. 25, 2014)—Today the American Humanist

Association’s Appignani Humanist Legal Center sent a letter to officials at the Madison County School District in Danielsville, Georgia, on behalf of a concerned citizen about a monument on school district property.

• According to the letter, the monument’s prominent inclusion of biblical scripture, combined with the high school’s logo, send the message that the school district endorses religion, specifically Christianity, in violation of the Establishment Clause of the First Amendment.

• The monument, a large permanent sculpture entitled “Red Raider,” is located in the Madison High School football stadium and was unveiled this school year.

• The sculpture includes religious language and Christian biblical references, such as quotations from Romans 8:31 and Philippians 4:13.

• The monument also features the Madison High School logo, and the high school football team customarily touches the sculpture before home games.








“Congress shall make no law respecting an establishment of religion, or prohibiting the free

exercise thereof.”

Establishment Clause

Free Exercis

e Clause


What types of claims are typically made against schools involving religion?

Recent Examples

• New Jersey atheists sue school district over 'under God' in pledge of allegiance

• North Carolina high school to allow formation of student secular club

• ACLU sues Louisiana school for religious harassment

• AHA threatened to sue Georgia school district for permitting coaches to use the football program to promote religious acts and messages


Recent Examples

• AHA condemns teacher who allegedly bullied atheist student for opting out of pledge

• Satanists to distribute religious materials in Florida public schools

• UFO religion plans to distribute pamphlets in Florida schools

• Americans United warns North Carolina schools not to comply with new religion-in-schools law


Recent Examples

• New textbooks prompt debate over religion in Texas public schools

• Local parents protest removal of religious plaques at schools

• Cheerleader began prayer during a moment of silence that led hundreds to chant in unison following prayer ban

• Nashville-area school district receives heat for taking students on field trip to mosque



Recent CasesTown of Greece v. Galloway, 134 S.Ct. 1811 (2014)

Holding: The practice of inviting the town’s religious leaders to say a prayer to mark the beginning of the town’s monthly Board meetings fit within the tradition of legislative prayer compatible with the Establishment Clause.

• The prayer does not have to be generic or nonsectarian in order to be acceptable under the law.

• The audience for legislative prayer is made up of the lawmakers, not those attending the meeting.

• The decision may have been different if those attending the meeting had been directed by town officials to participate in the prayers.

• The scope of this case related to legislative prayer only.• The analysis involved was very fact-specific, therefore difficult to apply broadly.


Recent Cases

Doe ex rel. Doe v. Elmbrook Sch. Dist., 687 F.3d 840 (7th Cir. 2012) cert. denied, 134 S. Ct. 2283 (U.S. 2014)

Holding: The school district’s rental of a Christian church for graduation ceremonies violated the Establishment Clause by conveying a message of religious endorsement that carried with it an aspect of coercion.

Factor leading to the holding:• The involvement of minors• The significance of the graduation ceremony• The conditions of extensive proselytization


Missouri Student Religious Liberties Act

Section 160.2500 RSMo

• Students may not be discriminated against for expressing their religious viewpoints in homework, artwork and other class assignments.

• Students may pray while at school and wear clothing and jewelry displaying religious messages to the same extent that other types of clothes are accessories are allowed.

• Student religious groups shall be given the same access to using school facilities as other kinds of non-curricular groups.

• Districts shall adopt a policy which shall include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak.


Potential Endorsement of Religion

Disgruntled Stakeholder

Civil Rights Organization

Headlines

Lawsuit


Why these cases settle.

Establishmen

t versus

Free Exercise

Fact intensiv

e litigatio

n

It is about the headlines, not the

verdict

Settlement


4 Keys to Religion in

Schools

Religion in Schools


AppropriatePolicies


Understanding the Law

• First Amendment• Amendment 2• Federal statutes• Missouri statutes


Board Policies regarding Religion


Board Policy IGDA

• IGDA- Student-Initiated Group Use of District Facilities– “Employees of the district or other adults may not

sponsor, promote, or lead student-initiated groups or meetings.

– “Employees…are to be present solely in nonparticipatory capacity…and will strictly observe a policy of official neutrality regarding religious activity.”


Board Policy IGD

• IGBDA – District-Sponsored Extracurricular Activities and Groups– “Noncurricular Activity or Group: An

exrracurricular activity or group that primarily involves students, occurs outside of academic class time and is not cocurricular”

– “All extracurricular activities or groups must have an appointed sponsor, advisor or coach.”

– “…attend all meetings, functions or practices… advise and supervise students…”


Board Policy IGAC

• IGAC – Teaching About Religion– “…the District may teach about religion but may

not promote any particular religion or religious belief.”

– “No course or portion of any course… will have the primary purpose or effect of illegally advancing or inhibiting religion.”


Board Policy GBCB

• GBCB – Staff Conduct– School employees shall not direct a student to

remove an emblem, insignia or garment, including a religious emblem, insignia or garment, as long as such emblem, insignia or garment is worn in a manner that does not promote disruptive behavior.”


Policy Adoption/Updates

• Consider the proposed language carefully in light of current practices in the District.

• Get stakeholder feedback on proposed policies that impact religion in schools.

• Rely on professional staff as to propriety of proposed language for your District.


Policy Implementation

• Key players in policy administration must be highly trained– Building leaders– HR– Compliance officer

• Training of all personnel that discusses current practices in detail

• Handbook provisions

Fully Implemented


Alignment of Practices

• It is not uncommon for actual practices to vary significantly from board policy/legal requirements.– Supplemental to policies, but in a way that is not

legally appropriate– Conflicts with the language or intent of Board

policies• Review/audit practices implementing board

policies to ensure alignment

Aligned Practices


Complying with Board Policy

• Respond appropriately to requests for accomodations.

• Appropriately process and remediate complaints of religious discrimination, and investigate them pursuant to Board policy.

• Retrain staff members based upon issues raised in complaints.

Consistent Compliance

Documents

Religion in Missouri Public Schools God Help Our Football Team (Washington, D.C., Sept. 25, 2014)—Today the American Humanist Association’s Appignani