Posted on 05/07/2006 9:42:21 AM PDT by street_lawyer
Section 9524 of the Elementary and Secondary Education Act ("ESEA") of 1965, as amended by the No Child Left Behind Act of 2001, requires the Secretary to issue guidance on constitutionally protected prayer in public elementary and secondary schools. In addition, Section 9524 requires that, as a condition of receiving ESEA funds, a local educational agency ("LEA") must certify in writing to its State educational agency ("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 Fist Amendment requires schools to maintain a neutral policy as it relates to religious activity of student-sponsored activities. Whereas the school may disclaim sponsorship of those activities, it must do so without disfavoring such activity.
Whereas the First Amendment forbids the school to sponsor a religious activity, it protects the rights of public school students as private individuals to initiate such activities on school property before or after the school day, and during recess. The school has the right to control such activities in the same way as it controls any other non-religious group.
Students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”[1] Students are free to pray at any time before, during, or after the school day. They may pray with fellow students during the school day on the same terms and conditions as they may engage in other conversation or speech.[2] The school administration must allow students to express themselves using prayer and other religious content. Such remarks are not attributable to the State simply because the content is delivered in a public setting or to a public audience.[3] Schools do not endorse everything that they fail to censor[4]
Teachers and administrators of public schools may not encourage or discourage prayer, and they may not participate in such activity with students in their official capacity during school hours. Before, after school, or during lunch teachers may meet with other teachers for prayer or Bible study. Teachers may also participate in their personal capacities in a privately sponsored baccalaureate ceremony. Additionally if the school makes its facilities and services available to private non-religious groups, it must make its facilities and services available on the same terms to organizers of privately sponsored religious baccalaureate ceremonies. In doing so the school my disclaim official endorsement of such events, provided it does so in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.[5]
Students are free to pray silently or not to pray, during moments of silence during the school day; however, teachers and other employees may not encourage nor discourage prayer during such moments.
Students must be allowed to attend a religious activity off-premises, without penalty, during school hours.
Students are free to express their religious beliefs in homework assignments, artwork or other written and oral assignments, without penalty or reward for doing so.
As long as the standard used is neutral and evenhanded, school officials are free to select speakers to address a group during school hours, and as long as the speaker controls the content of the speech, the expression is not attributable to the school, and therefore my not be restricted because of its religious content. The school or any school official may make a neutral statement that the speaker’s content does not reflect the views of the school or the official.
Terms:
Reading First: No Child Left Behind provides more than one billion dollars a year to help children learn to read. Reading First is the part of No Child Left Behind that is dedicated to ensuring all children learn to read on grade level by the third grade. Reading First provides money to states and many school districts to support high quality reading programs based on the best scientific research. Contact your child's school district to find out if its reading program is based on research.
Title I — This is the part of No Child Left Behind that supports programs in schools and school districts to improve the learning of children from low-income families. The U.S. Department of Education provides Title I funds to states to give to school districts based on the number of children from low-income families in each district.
School in Need of Improvement — This is the term No Child Left Behind uses to refer to schools receiving Title I funds that have not met state reading and math goals (AYP) for at least two years. If your child's school is labeled a "school in need of improvement," it receives extra help to improve and your child has the option to transfer to another public school, including a public charter school. Also, your child may be eligible to receive free tutoring and extra help with schoolwork. Contact your child's school district to find out if your child qualifies.
[1] Tinker v. Des Moines Indep. Community Sch. Dist., 393 U.S. 503, 506 (1969).
[2] Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 302 (2000) (quoting Board of Educ. v. Mergens, 496 U.S. 226, 250 (1990) (plurality opinion)); accord Rosenberger v. Rector of Univ. of Virginia, 515 U.S. 819, 841 (1995).
[3] Santa Fe, 530 U.S. at 302; Mergens, 496 U.S. at 248-50.
[4] . Mergens, 496 U.S. at 250 (plurality opinion); id. at 260-61 (Kennedy, J., concurring in part and in judgment).
My wife is a teacher, most of them call it "Every child takes it in the behind."
The " No Teachers Union Goes Underfunded" act.
...and to think that at one time, a conservative view was "get rid of the Dept. of Education."
that's not very compassionate!
I assume your wife is the only Republican on the staff?
Did we have a need to know how little the more common members of the teaching profession think of children.
How does the act fund teacher's unions?
We live in TX, no there are many conservatives on teh staff adn all hate this bill.
The problem is to comply with it they do nothing all year but teach and prep for the tests. They are not allowed to teach. Even art and PE are used to teach the core subject tests.
please the teachers unions hate the NCLB and you know that, but you like the teachers unions hate the President.
Reagan didn't though.
BTW, do you know who got a paycheck from the Dept. of Education.
"Uber conservative", tom tancredo.
Somewhere teachers got the idea that they should set the curriculum individually, and they must thik it is boring to teach reading and math. Their objections are bogus.
Good. The main goal of schools should be to produce literate citizens. Appreciation for art and exercise can be easily taught at home or at the gym. Reading/math/science specialists are harder to come by. Let the schools focus on the core mission.
Bush indeed fed the hands that would bite his off. I do not hate President Bush. Bush is indeed a nice guy. And if he keeps promoting illegal immigration, we will lose the House.
Marking.
Your wife is absolutely correct. I hope she doesn't mind if I share that phrase with the teachers I work with. There is not a more accurate way to describe this horrendous law.
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