Week+7+-+Public+School+Religous+Controversies

[|Lee v. Weisman][|Wallace v. Jaffree] [|Lemon v. Kurtzman] [|Everson v. Board of Education] || ** Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ** Originally intended to prohibit the goverment from instituting and supporting a national religion. [] || [|Wisconsin v. Yoder] || ** //Congress shall make no law// ** respecting an establishment of religion//,// or **//prohibiting the free exercise thereof//.** ** (Amendment 1) ** Amish student not required to attend public school past eight grade based on religious beliefs ||
 * __**TOPIC**__ || __**REFERENCES**__ || __**NOTES**__ ||
 * **// I. Constitutional Constraints on Public School Actions //** ||  ||   ||
 * ** A. Establishment of Religion Clause ** || Amendment I
 * ** B. Free Exercise Clause ** || Amendment I
 * ** C. Freedom of Speech Clause ** || Amendment I

B[|oard of Educ. of Westside Community Schools v. Mergens, 496 U.S. 226, 250 (1990)] (this case relates to official vs. private speech)

[|Good News Club v. Milford Central School, 121 S. Ct. 2093 (2001)] (Case found that schools can allow religious groups use of school facilities (after school) without violating the Establishment Clause)

[|TINKER v. DES MOINES SCHOOL DIST., 393 U.S. 503 (1969)]
[|Morse et al. v. Frederick, certiorari to the United States Court of Appeals for the Ninth Circuit, No. 06-278.] - Details the Bong Hits 4 Jesus Case and how it pertains to student speech, The Court concluded that it was within the principal's authority to restrict the speech of a student at a school sponsored event. This was based on the students message (promoting illegal drug use), and the fact that they were at a school event. [|HAZELWOOD SCHOOL DISTRICT ET AL. v. KUHLMEIER ET AL.] Outlines a schools ability to censor a student newspaper || * Speech refers to written, verbal, and symbolic expression.
 * This amendment does not prevent schools from suppressing speech that is deemed to be obscene, use fighting words, terroristic threats or defamatory statements.
 * The amount of protection speech receives varies based on the circumstances (age of speaker, context, etc.) and these protections need to be balanced with the school and private interests.
 * "Official" speech, expressed on behalf of the school is subject to different treatment than private speech.
 * The right to control speech is also dependent on whether the forum used is considered protected or unprotected in relation to free speech.
 * When schools allow outside groups to use their facilities they can not deny access on the basis of viewpoint as this is a violation of free speech. (Law in the Schools, Valente and Valente)
 * __**[|Freedom of Speech in Schools]**__ Web Resource - explains freedom of speech in regard to students and details various situations where student speech can be limited.
 * [|Time Article detailing a brief history of free speech in schools] - Previous and recent cases related to free speech. ||
 * ** D. Freedom of Expression ** || [|Freedom of speech in High Schools] || Courts do not give similar weight to all types of symbolic expression, tending to give greater protection to symbolic political expression than to symbolic expression in the choice of one's appearance and dress.

--If an employer's determination is so irrational that it may deprive an employee/student of their liberty, then the courts are more likely to rule in favor of the employee/student Example: Courts upheld the nonrenewal of a teacher who refused to lengthen her miniskirt, but sustained a district's male dress code requirements of jackets and ties.

--Overall, individual or group expression that diverts a teacher from assigned teaching duties or incites disharmony and disruption of school working relationships is not constitutionally protected. || [|Nonclassroom Prayer.doc] [|Aid Directed to Religious Schools.doc] || Florey v. Sioux Falls School District (singing of Christmas Carols) First Amendment
 * **// II. Typical School-Religion Controversies //** ||  ||   ||
 * ** A. Prayer, Bible Reading & Meditation ** ||  ||   ||
 * 1. Classroom Exercises ||  || [|classroom exercises.doc] ||
 * 2. Nonclassroom Prayer & Religious Activities ||  ||
 * 3. Religious Art - Holiday Commemorations || Gernetzke v. Kenosha Un. School Dist. (religious mural)

STONE v. GRAHAM, 449 U.S. 39 (1980)

Article I, Section 18, of the Wisconsin Constitution || Overview of Valente & Valente- Overview on First Amendment and religious holidays in school- Articles about religious holiday celebrations/music in schools- Legal Comment on Religious Displays Legal Comment-Can Good Friday be a Holiday

Legal Comment-Holidays in the Schools || Zorach v. Clauson, 343 U.S. 306 (1952)
 * 4. School Excusals for Religious Purposes || State Statute 118.155 (Released time for religious instruction)

McCollum v. Board of Education, 333 U.S. 203 (1948) || Summary from Valente & Valente Article on Student Religious Practices: Religious Expression in public Schools US Dept of Education Religion Guidelines ||
 * ** B. Religion Related Courses & Programs ** ||  ||   ||
 * 1. Evolution || Everson v Board of Education- Prayer in school

Epperson v. Arkansas (1968) invalidated an Arkansas statute that prohibited the teaching of human evolution in the public schools.

Edwards v. Aguillard (1987) The Court ruled that a Louisiana law requiring that creation science be taught in public schools along with evolution was unconstitutional, because the law was specifically intended to advance a particular religion

Kitzmiller v. Dover Area School District (M.D. Pa. 2005) intelligent design – same as creationism therefore unconstitutional under Establishment Clauses || Establishment Clauses – as attempts to advance a religious view. || Lamb's Chapel v. Center Moriches Union Free School District--> A school denied access for a church to show a religious based parenting video. Court in favor of school || The right of freedom of religion. Schools must respect a student's right to given religion as long as it does not cause a disruption.
 * 2. Sex Education || Brown v. Hot, Sexy and Safer Productions, INC || Condom distribution - opt out ability ||
 * ** C. Other Religious Objections & Exemptions ** ||  ||   ||
 * 1. Accommodating Beliefs || 1st Amendment

Schools can choose to provide access to all or none in regards to religious affiliated programming. || 252.04(3) ||  (2) **Any student admitted to any elementary, middle, junior, or senior high school or into any child care center or nursery school shall, within 30 school days after the date on which the student is admitted, present written evidence to the school, child care center, or nursery school of having completed the first immunization for each vaccine required for the student's grade and being on schedule for the remainder of the basic and recall (booster) immunization series for mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough), poliomyelitis, tetanus, and other diseases that the department specifies by rule or shall present a written waiver under [|sub. (3)]. (3)** The immunization requirement is waived if the student, if an adult, or the student's parent, guardian, or legal custodian submits a written statement to the school, child care center, or nursery school objecting to the immunization for reasons of health, religion, or personal conviction. At the time any school, child care center, or nursery school notifies a student, parent, guardian, or legal custodian of the immunization requirements, it shall inform the person in writing of the person's right to a waiver under this subsection. || [|Dual Enrollment - SFSD Part Time Enrollment Policy 5111] || The Establishment Clause ban on state aid to the religious mission of any sect does not bar all public school services to nonpublic schools and their students. Resident students in grades 5-12 who attend private school or home-based educational programs shall be accepted into the District's educational programs for up to two (2) classes if the student satisfies the high school admission standards and sufficient space is available in the classes. || "Leases whose terms favor of discriminate against religious groups will be disapproved" (Valente and Valente, 84) ||
 * 2. Dress & Conduct Requirements || Littlefield v. Forney Ind. School District-> "The record demonstrates that the Uniform Policy was adopted for other legitimate reasons unrelated to the suppression of student expression." (Judge Carolyn King) || All students are mandated to comply with dress code for specific courses that is not deemed as subject to religious objections, ex gym or swimming apparel. However, students are not required to conform if dress is merely to fit in, ex christmas or halloween party. ||
 * 3. Immunization || 252.04(2)
 * ** D. Public School Services to Nonpublic Schools & Students ** || Wisconsin Statute – Part Time Enrollment [|118.52.doc]
 * ** E. Direct School - Church Dealings ** ||  ||   ||
 * 1. Public School Uses of Church Property || [|Thomas v. Schmidt] || "School districts may lease private property, including church-owned buildings, for public school uses, provided the public school controls and operates the leasehold without religious furnishings or instructions...but leases of parochial school buildings where religious furnishings and religiously garbed teachers were present violated the Establishment Clause." (Valente and Valente, 83) ||
 * 2. Church Uses of Public School Property || [|Bronx Household of Faith v. Board of Education of City of New York] || "The lease of public school property for a fixed term to a religious organization will be upheld if the lease terms are commercially fair and neutral." (Valente and Valente, 83)