I would disagree. If a teacher brought a bible to some class, opened it to his favorite passage and read it to the class, thats breaching the "wall of seperation". The teacher works for the school.
If a first grade student who hails from a devout christian/jewish family is called on in class to say what he is thankful for and he says "I want to thank God" in his reply, is that a breach?
Try this example. A 7th grade (13 year old) student brings a bible to school in his bookbag. During his English class, the bible falls out of the bookbag. The kid sitting next to him has been raised as an atheist. A)Does the atheist have a lawsuit because he was exposed to a bible on school property?
B) If he does sue, does the devout kid have a countersuit on grounds that the government is preventing his practicing of religon?
Common sense says no to A. If yes to A then yes to B. Reality says yes to A and even if yes to A then no to B.
That is just not what reality is though. Its sad, but it is true.
You have one half of it, but the converse it true as well.
In today's legal climate if a student brings a bible to class and reads it that student can be removed from class.
It doesn't have to be a bible, it could be a Christian tee shirt or a Christian book cover. Any mention or reference to religion is viewed as a breach of that mythical wall.
That's exactly what is happening in the Maryland school system. Those school administraters know the "mood" of the judiciary in respect to religion.
Now as far as the second part of your post:
A)Does the atheist have a lawsuit because he was exposed to a bible on school property?
Yes, he does because anyone can bring a lawsuuit at any time if he feels that he was in some way injured.
But (and this is a big BUT), the freedoms that we enjoy in the First Amendment supercede any litigation that would hamper those freedoms.
THERE IS NO WALL. When will the simple meaning of the 1st Amendment be set aright. There is no wall. It doesn't say it and it doesn't mean it. It's not there. Do yourself a favor and read this article.
http://www.noapathy.org/tracts/mythofseparation.html