If she's an agent, he can't. Respondeat superior - the school district is on the hook for the actions of their agents.
and how far do you think it will go up the appellate courts before a higher Court slaps down the Judge for violating Chapman's Free Exercise Clause constitutional rights?
The student's free exercise rights are temporarily subordinated to the State's obligation to remain religously neutral. This is cut-and-dried law, not judicial activism. You may not like it, but this is the state of the law today. (Personally, my faith is secure enough that I don't need the governemnt to enforce it.)
If that is the case, then we should be hearing from the outraged Judge very shortly so that the "cut-and-dried law" is not flaunted with impunity.
My prediction is that the Judge will do absolutely nothing.
Let's meet on this thread again on 20 June 2006 and whoever was correct will get braggin' right. :-)
Agreed. I suppose the issue becomes what does a district do if a student deviates from the script of their remarks and recites something like the Lord's Prayer? They could cut the PA off, perhaps remove the student (by force?), but that opens up other issues.
The district where I serve on the BOE is having a Baccalaureate service at the school. We were advised to ensure that no school personnel are supervising the event, no names of Superintendent or BOE Members appear on the program, program is not printed using District paper, copier, etc. These things have been complied with, and the service will go on, as it has for 30+ years.