General Rule: Public schools may not teach religion, although teaching about religion in a secular context is permitted. The Bible may be taught in a school, but only for its historical, cultural or literary value and never in a devotional, celebratory or doctrinal manner, or in such a way that encourages acceptance of the Bible as a religious document.

What distinguishes "teaching religion" from "teaching about religion"?
Religion may be presented as part of a secular educational program. Programs that "teach about religion" are geared toward teaching students about the role of religion in the historical, cultural, literary and social development of the United States and other nations. These programs should instill understanding, tolerance and respect for a pluralistic society. When discussing religion in this context, religion must be discussed in a neutral, objective, balanced and factual manner.

 

"Teaching religion" amounts to religious indoctrination and practice and is clearly prohibited in public schools. A public school curriculum may not be devotional or doctrinal. Nor may it have the effect of promoting or inhibiting religion.

A program intended to teach religion, disguised as teaching about religion, will be found unconstitutional.
In sum, there is a critical difference between teaching religion and teaching about religion. While it is constitutionally permissible for public schools to teach about religion, it is unconstitutional for public schools and their employees to observe religious holidays, promote religious belief, or practice religion. School officials and parents must be extremely careful not to cross the line between "the laudable educational goal of promoting a student's knowledge of and appreciation for this nation's cultural and religious diversity, and the impermissible endorsement of religion forbidden by the Establishment Clause."

May schools teach the Bible as literature? The Bible may be studied as literature, but not as religious doctrine. The lesson must be secular, religiously neutral and objective. Classes on the Bible as literature should be optional.

May schools teach secular values which coincide with religious values? Schools may indeed and should teach secular values such as honesty, respect for others, courage, kindness and good citizenship. These values, however, must not be taught as religious tenets. The fact that most religions also teach these values does not change the lawfulness and desirability of teaching them. It is also appropriate for school officials to instill in students such values as "independent thought, tolerance of diverse views, self-respect, maturity, self-reliance and logical decision-making."

What are some concerns that arise regarding "teaching about religion" in public schools? Although it is legal to teach about religion in public schools in a neutral and secular manner, school administrators, teachers and parents should be cognizant of the inherent dangers of bringing religion into the classroom.  Public school teachers should consider the following factors:

• Students are extremely susceptible to peer and public pressure and coercion.
• If religion is discussed, great care must be taken to discuss minority as well as majority religions.
• Students should not be put on the spot to explain their religious (or cultural) traditions.
• Every effort should be made to obtain accurate information about different religions.
• Discussion of religion in the classroom may alienate those students who are being raised with no religious faith.
• Discussion of religion in the classroom may alienate those who are being raised with orthodox religious faiths.

If students object on religious grounds to portions of a textbook, may they be excused from studying the material? No. Public schools can require that all students use a prescribed set of textbooks if the books neither promote nor oppose any religious practice. The students must only be required to read and discuss the material and may not be required to perform or refrain from performing any act forbidden or mandated by their religion. Mere exposure to ideas that one finds objectionable on religious grounds does not rise to the level of a free exercise claim that compelled activity would.

Aren't these rules just promoting a "secular religion"? The state may not establish a "religion of secularism" in the sense that the state may not affirmatively oppose or show hostility to religion, thereby preferring those who believe in no religion over those who do believe. That being said, the prohibition on teaching religion and religious activity ensures that the government does not advance or promote religious belief over non-religious belief or a particular religious belief over other religious beliefs.

 

What happens when a student responds to a secular assignment with religious expression? This is as much a free speech issue as it is a religious liberty issue. Where a student responds to an assignment (for example, a book report) with a religiously-themed project (for example, reporting on a religious tract), a school may not refuse to accept the assignment solely because it has a religious basis (students have a right to free expression). However, if in observing the presentation of the assignment -- especially expressive assignments like artwork, plays and reports that are presented publicly -- an observer might think that the project is endorsed by the school, it is a problem. Thus, a book report delivered to a teacher may not be rejected merely because it is religious, whereas a work of art that will be hung up or displayed by the school or a play intended for public performance is unacceptable. Indeed, educators are able to exercise considerable control over "student expression to assure that participants learn whatever lessons the activity is designed to teach, that readers or listeners are not exposed to material that may be inappropriate for their level of maturity, and that the views of the individual speaker are not erroneously attributed to the school."

General Rule: Organized prayer in the public school setting, whether in the classroom or at a school-sponsored event, is unconstitutional. The only type of prayer that is constitutionally permissible is private, voluntary student prayer that does not interfere with the school's educational mission.

May students pray? Students have the right to engage in voluntary individual prayer that is not coercive and does not substantially disrupt the school's educational mission and activities. For example, all students have the right to say a blessing before eating a meal. However, school officials must not promote or encourage a student's personal prayer. Students may engage with other students in religious activity during non-curricular periods as long as the activity is not coercive or disruptive. In addition, while students may speak about religious topics with their peers, school officials should intercede if such discussions become religious harassment. It is essential that private religious activity not materially disrupt the school's educational mission and activities. Personal religious activity may not interfere with the rights or well-being of other students, and the threat of student harassment and pressure must be carefully monitored. It is also critical to ensure that the religious activity is actually student-initiated, and that no school employee supervises or participates in the activity. Any school promotion or endorsement of a student's private religious activity is unconstitutional.

Are vocal prayer and Bible reading in the classroom permitted? Vocal denominational or nondenominational prayer, and ceremonial reading from the Bible, are unconstitutional practices in the public school classroom.  It is legally irrelevant if the prayer or Bible reading is voluntary, or if students may be excused from the activity or classroom during the prayer. Student volunteers may not offer prayers for recitation.  Similarly, student volunteers are prohibited from broadcasting prayers over a school intercom system into the class-room.

Source: Anti-Defamation League
Retrieved: August 3, 2006 http://www.adl.org/religion_ps_2004/prayer.asp