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- Greenwood School District 50
- 2006
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- “Effective July 1, 2001, each school district during annual in-service
training shall provide a program of instruction for employees in the
essentials of constitutional protections and prohibitions as they relate
to religion and public school operations.”
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- Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof, or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances.
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- The actions have a secular purpose;
- The actions do not have the principal or primary effect of advancing or inhibiting
religion;
- The actions do not foster an excessive entanglement of government with
religion.
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- Santa Fe Independent School District v. Doe 530 U. S. 290 (2000) Football
- The Court ruled prayer over a loudspeaker at a government sponsored
event on government property (football game on district property) is a
violation of the Establishment Clause
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- Establishment Clause does not prohibit purely private religious speech
- Students may read Bibles, say grace, say prayer anytime it is not
disruptive to the learning process
- Informal gatherings are ok (Meet at Pole)
- School may neither discourage or encourage
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- Lee v. Weisman 505 U. S. 577 (1992)
- Ruled graduation prayers unconstitutional
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- “A school may not extend preferential treatment to baccalaureate
ceremonies and may in some instances be obligated to disclaim official
endorsement of such ceremonies.”
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- Teachers and school administrators or employees, when acting in those
capacities, are representatives of the state and are prohibited by the
establishment clause from soliciting or encouraging religious activity,
and from participating in such activity with students.
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- Employees also are prohibited from discouraging activity because of its
religious content, and from soliciting or encouraging anti-religious
activity.
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- Religion is a natural part of history, which is included in the approved
curriculum in SC.
- When the topic is addressed, the emphasis must be purely academic and
not devotional.
- Schools may teach about religion and its influence on areas such as art,
music, literature, and social studies.
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- Students may express their beliefs about religion in the form of
homework, artwork, and other written and oral assignments free of
discrimination based on the religious content of their submissions.
- Such home and classroom work should be judged by ordinary academic
standards of substance and relevance and against other legitimate
pedagogical concerns identified by the school.
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- Schools generally shall not permit formal distribution of any materials
from any non-school organization, regardless of the content of the
materials on school property.
Accordingly, students generally should not distribute flyers to
all students on a mass level at specific established locations at the
school. Students can distribute
information on an informal basis that is not disruptive.
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- Students have a right to distribute religious literature to their
schoolmates on the same terms as they are permitted to distribute other
literature that is unrelated to school curriculum or activities. Schools may impose reasonable time,
place, and manner on distribution of religious literature as they do on
nonschool literature generally.
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- There is no legal reason not to allow students to participate in
religious events “before and after school,” which do not interfere with
instructional time or the educational process.
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- While students may speak about and try to persuade peers on religious
issues, students may not be compelled to participate in religious
discussions. Persuasion becomes
harassment when the recipient of the speech acknowledges his/her desire
not to participate. School
officials should intercede to stop harassment immediately.
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- Although public schools may teach about religious holidays, including
their religious aspects, and may celebrate the secular aspects of
holidays, schools may not observe holidays as religious events or
promote such observance by students.
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- Administrators and teachers should try to accommodate the reasonable
requests of parents and students to be excused from objectionable
lessons, discussions, or activities concerning religion.
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- Subject to applicable State laws, School Boards may allow religious
instruction off school property.
If allowed, schools may not encourage or discourage participation
or penalize those who do attend.
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- Though schools must be neutral with respect to religion, they may play
an active role with respect to teaching civic values and virtue, and the
moral code that holds us together as a community. The fact that some of these values are
held also by religions does not make it unlawful to teach them in school.
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- Schools enjoy substantial discretion in adopting policies relating to
student dress and school uniforms.
Students have no Federal right to be exempted from
religiously-neutral policies.
Schools may not single out certain religious attire, but must
impose the policies as adopted.
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- Generally, if secondary public schools have a limited open forum,
(allows non-curriculum clubs to meet), the school must allow religious
groups the same access to the school media, (PA system, school
newspaper, bulletin board).
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- State law, S. C. Code Ann. 59-1-443 (Supp. 2000), requires all schools
to “provide for a minute of mandatory silence at the beginning of each
school day.”
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- Complete your form and return it to Gail Davis in Human Resources. Thanks.
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