Religious Diversity:Religious Diversity:A Strength for AmericaA Strength for America

Debbie BurchfieldDebbie Burchfield

Assistant SuperintendentAssistant Superintendent

Jenks Public SchoolsJenks Public Schools

Jenks Public Schools Mission Jenks Public Schools Mission Statement:Statement:Jenks Public Schools, inspired by a tradition Jenks Public Schools, inspired by a tradition

of excellence, is committed to the shared of excellence, is committed to the shared responsibility of preparing all learners for responsibility of preparing all learners for productive, responsible productive, responsible citizenshipcitizenship in an in an ever-changing world.ever-changing world.

– In addition to promoting excellence in In addition to promoting excellence in academics, the school’s job is to help build our academics, the school’s job is to help build our students’ “civic character”students’ “civic character”

– To do so, we as educators must be cognizant not To do so, we as educators must be cognizant not only of our own freedom and rights as only of our own freedom and rights as Americans, but of the rights of all—even those Americans, but of the rights of all—even those who are different from uswho are different from us

DOES THIS SEEM FAMILIAR?DOES THIS SEEM FAMILIAR?

Congress shall make no law respecting Congress shall make no law respecting an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof; or prohibiting the free exercise thereof; or abridging the freedom of speech, or of abridging the freedom of speech, or of the press; or the right of the people the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition the government for a redress of the government for a redress of grievances.grievances.

First Amendment:First Amendment:

• Yes, it’s the First Yes, it’s the First Amendment to the Amendment to the U.S. ConstitutionU.S. Constitution

• We will focus today on We will focus today on one piece:one piece:““Congress shall make Congress shall make no law respecting an no law respecting an establishment of establishment of religion, or prohibiting religion, or prohibiting the free exercise the free exercise thereof…”thereof…”

Challenge for SchoolsChallenge for Schools

• Implementation of First Amendment Implementation of First Amendment into the Public Schools as it Pertains into the Public Schools as it Pertains to Religion is a challenge because:to Religion is a challenge because:1) There are political and cultural 1) There are political and cultural dimensionsdimensions2) Challenge is heightened by 2) Challenge is heightened by increasingly diverse school population increasingly diverse school population with polarized philosophical with polarized philosophical orientations regarding religionorientations regarding religion

First Amendment:First Amendment:• AnyoneAnyone in in AmericaAmerica is given is given

rights by birth, not by rights by birth, not by governmentgovernment

• American government American government protectsprotects rights—doesn’t take rights—doesn’t take them awaythem away

• However, a However, a different different standardstandard is set for is set for educators who must avoid educators who must avoid promoting a particular promoting a particular religion or non-religion religion or non-religion viewpoint, or making viewpoint, or making students feel “coerced” in students feel “coerced” in any way. any way.

Wearing the First Amendment Wearing the First Amendment HatHat• As an educator, we As an educator, we

sign up to wear the sign up to wear the First Amendment Hat First Amendment Hat to to protectprotect the rights the rights of othersof others

• It’s our civic duty and It’s our civic duty and purpose as an purpose as an educator to do so.educator to do so.

• The First Amendment The First Amendment directs us to neither directs us to neither promote nor inhibit promote nor inhibit one religion over one religion over another. Neither another. Neither should we promote should we promote religion over non-religion over non-religionreligion

Implications of First Implications of First AmendmentAmendment• Schools are charged with creating a Schools are charged with creating a balancebalance

and remaining and remaining neutralneutral in in

their approach to religion; their approach to religion;

two approaches have failed:two approaches have failed:

1) Sacred Public School1) Sacred Public School

2) Naked Public School2) Naked Public School

Two “Failed Models”Two “Failed Models”

1.1. The Sacred Public School = excessive The Sacred Public School = excessive prayer/worship with an unfair emphasis on prayer/worship with an unfair emphasis on ChristianityChristianity

2.2. The Naked Public School = eliminating The Naked Public School = eliminating religion of any kind from every aspect of religion of any kind from every aspect of public schoolpublic school

Civic Public School: Civic Public School: Preferred ModelPreferred Model• Public schools may not encourage nor inhibit religion Public schools may not encourage nor inhibit religion

• Public schools are to uphold the First Amendment Public schools are to uphold the First Amendment when they protect religious liberty rights of students when they protect religious liberty rights of students of of all faithsall faiths or or nonenone..

• Teachers demonstrate fairness when they ensure Teachers demonstrate fairness when they ensure that the curriculum includes study that the curriculum includes study aboutabout religion, religion, where appropriate, as an important part of a where appropriate, as an important part of a complete education.complete education.

Why a Religion Policy?Why a Religion Policy?

• School Districts need a policy to School Districts need a policy to insure equity for all students insure equity for all students

• Jenks Public Schools Religion Policy Jenks Public Schools Religion Policy was created by school staff was created by school staff members, parents, community faith members, parents, community faith leaders, and attorneys.leaders, and attorneys.

• It is based on It is based on constitutionalconstitutional and and casecase lawlaw

CONSTITUTIONAL v. CASE CONSTITUTIONAL v. CASE LAWLAW

• First Amendment—based on Constitutional Law, i.e. First Amendment—based on Constitutional Law, i.e. law established by Congresslaw established by Congress

• Case Law – established by the courts, most Case Law – established by the courts, most notably, the Supreme Court of the United States. notably, the Supreme Court of the United States.

• Everson V. Board of Education, 1947-example of Everson V. Board of Education, 1947-example of case lawcase lawJefferson’s term “wall of separation” between Jefferson’s term “wall of separation” between church and state is discussed here. This term is not church and state is discussed here. This term is not mentioned in the First Amendment; but we adhere mentioned in the First Amendment; but we adhere to it because it is a point of case lawto it because it is a point of case law

The Lemon TestThe Lemon Test

Lemon v. Kurtzman, 1971-example of case lawLemon v. Kurtzman, 1971-example of case law

Three part “Lemon Test”: Three part “Lemon Test”: • Does the government (in this case, school) action, Does the government (in this case, school) action,

have a bona fide secular or civic purpose? (Example: have a bona fide secular or civic purpose? (Example: What other holidays might fall in December that What other holidays might fall in December that would give you an opportunity to teach beyond would give you an opportunity to teach beyond Christianity?)Christianity?)

• The primary effect neither advances nor inhibits The primary effect neither advances nor inhibits religion. In other words, is it neutral?religion. In other words, is it neutral?

• Does the law avoid excessive governmental Does the law avoid excessive governmental entanglement with religion? entanglement with religion?

RELIGION POLICY (1.38)RELIGION POLICY (1.38)

• Jenks Public Schools Religion Policy is Jenks Public Schools Religion Policy is based on the First Amendment based on the First Amendment (Constitutional law) and Case Law(Constitutional law) and Case Law

• Policy found at Policy found at www.jenksps.org in JPS in JPS Policies and Procedures Handbook Policies and Procedures Handbook

• Administrative Directive - JPS Staff Administrative Directive - JPS Staff Handbooks - provides additional Handbooks - provides additional information pertaining to the policyinformation pertaining to the policy

JPS RELIGION POLICYJPS RELIGION POLICY

• Meant to be sensitive to individual beliefs and Meant to be sensitive to individual beliefs and respectful of established lawrespectful of established law

• Speaks to the proper role of religion in Speaks to the proper role of religion in schools, i.e. its educational value; not in schools, i.e. its educational value; not in religious observance or celebrationreligious observance or celebration

• Tells us that we may not aid or prefer one Tells us that we may not aid or prefer one religion over another OR aid all religions and religion over another OR aid all religions and show preference for religion over non-religionshow preference for religion over non-religion

Issues Encountered:Issues Encountered:

•Student RightsStudent Rights

•CurriculumCurriculum

•School ActivitiesSchool Activities

ISSUESISSUES

• STUDENT RIGHTSSTUDENT RIGHTS

Absences for Religious Holidays Absences for Religious Holidays

- students must - students must not be penalizednot be penalized

PrayerPrayer

- individually or in groups- individually or in groups

- should not become a distraction to the educational - should not become a distraction to the educational processprocess

Bible ReadingBible Reading (or other Holy Book)(or other Holy Book)

- individually or in groups- individually or in groups

Student RightsStudent RightsDistribution of MaterialsDistribution of Materials

- process determined by school district - process determined by school district

Religion ClubsReligion Clubs

- Allowed by Federal Equal Access Act - Allowed by Federal Equal Access Act

Expression in the ClassroomExpression in the Classroom

- cannot be a distraction to the - cannot be a distraction to the learning processlearning process

Religious PersuasionReligious Persuasion

- cannot become harassment- cannot become harassment

Student’s Religious LibertiesStudent’s Religious Liberties

• Prayer (as long as it Prayer (as long as it doesn’t infringe upon doesn’t infringe upon the rights of others or the rights of others or disrupt the educational disrupt the educational process)process)

• Religious Expression (in Religious Expression (in written or oral written or oral assignments, artwork, assignments, artwork, etc.)etc.)

• Distribution of Literature Distribution of Literature (under a structure such (under a structure such as JPS Materials as JPS Materials Distribution Policy)Distribution Policy)

• Student Religious Clubs Student Religious Clubs (student must lead club, (student must lead club, not teacher)not teacher)

ISSUESISSUES

• CURRICULUMCURRICULUM

Teaching about Religion/Religious Teaching about Religion/Religious Holidays:Holidays:

Teaching must be done objectively Teaching must be done objectively and and accurately, fostering knowledge accurately, fostering knowledge about about religion, not indoctrination. It religion, not indoctrination. It should be should be academic, not devotional academic, not devotional or testimonial. or testimonial.

Teaching about ReligionTeaching about Religion• Maintain Constitutional Neutrality (First Amendment)Maintain Constitutional Neutrality (First Amendment)• Civic Obligation: (our public schools must Civic Obligation: (our public schools must reflectreflect how how

we as a country want to be represented and provide a we as a country want to be represented and provide a well-rounded education that will serve our students well-rounded education that will serve our students well as they become adults engaging in foreign policy, well as they become adults engaging in foreign policy, cultural appreciation, business, travel, etc.cultural appreciation, business, travel, etc.

• Educational Mandate: We must learn about each other Educational Mandate: We must learn about each other in order to live with each other.in order to live with each other.

CurriculumCurriculumStudent Expression in Assignments:Student Expression in Assignments:

Students may express their religious Students may express their religious beliefs in class oral or written beliefs in class oral or written assignments, class discussions, assignments, class discussions, homework, artwork, etc.homework, artwork, etc.

Excusal from lessons:Excusal from lessons:

Students should be provided Students should be provided alternate assignments when alternate assignments when requested and/or appropriaterequested and/or appropriate

ISSUESISSUES• School Activities School Activities

Programs—Music, DramaPrograms—Music, Drama

-Should serve an educational purpose, -Should serve an educational purpose, not not celebratorycelebratory

-Be aware of the diversity of religious -Be aware of the diversity of religious beliefs among beliefs among your students; a variety your students; a variety of musical or dramatic of musical or dramatic elements elements speaking to that diversity is always speaking to that diversity is always appreciated by your customers!appreciated by your customers!

-Secular music, as opposed to a full -Secular music, as opposed to a full program of program of sacred music, is acceptablesacred music, is acceptable

ISSUES – School ActivitiesISSUES – School ActivitiesHoliday Parties, Decorations Holiday Parties, Decorations

- Secular in nature, i.e. Santa, reindeer, - Secular in nature, i.e. Santa, reindeer, elves, Christmas trees are okay (no elves, Christmas trees are okay (no

angel on angel on the top!) Decorating should begin the top!) Decorating should begin no more no more than two weeks prior to a holidaythan two weeks prior to a holiday

- Exchanging Christmas presents is - Exchanging Christmas presents is discouraged discouraged for reasons that have for reasons that have nothing to do with nothing to do with religion!religion!

- Permission must be obtained from - Permission must be obtained from principal principal prior to having partiesprior to having parties

ISSUES – School ActivitiesISSUES – School Activities

• Holiday Themed Lessons, Music in Holiday Themed Lessons, Music in the classroom:the classroom:

- Should be secular in nature, - Should be secular in nature, unless the lesson is educational and unless the lesson is educational and speaks to the appropriate standards speaks to the appropriate standards and objectives for your curriculum.and objectives for your curriculum.

ADMINISTRATIVE DIRECTIVEADMINISTRATIVE DIRECTIVEYou are encouraged to read the District You are encouraged to read the District

Religion Policy (1.38) found in the JPS Religion Policy (1.38) found in the JPS Policies and Procedures handbook. And, Policies and Procedures handbook. And, the Administrative Directive found in the Administrative Directive found in Teacher Handbooks at each site and on Teacher Handbooks at each site and on the JPS website will be useful at it is:the JPS website will be useful at it is:– More specific;More specific;– Gives examples; andGives examples; and– Fully defines the difference between sacred Fully defines the difference between sacred

and secularand secular

Another great resourceAnother great resource• Charles Haynes: Former Charles Haynes: Former

educator; now senior educator; now senior scholar at First Amendment scholar at First Amendment Center Center

• Buzz Thomas: Baptist Buzz Thomas: Baptist minister, lawyer, and former minister, lawyer, and former school board memberschool board member

• These advocates for the These advocates for the First Amendment present First Amendment present “Finding Common Ground” “Finding Common Ground” seminars in our area on a seminars in our area on a regular basisregular basis

• For more information log For more information log onto: onto: www.freedomforum.orgwww.freedomforum.org

SurvivalSurvival

• America needs diversity America needs diversity to survive in an to survive in an increasingly global societyincreasingly global society

• We depend on trade and We depend on trade and the differences in various the differences in various cultures to support our life cultures to support our life stylesstyles

• These differences include These differences include race, religion, and cultural race, religion, and cultural beliefs and practices—We beliefs and practices—We must accept them if we must accept them if we intend to remain a viable intend to remain a viable stakeholder in the world stakeholder in the world both politically and both politically and economicallyeconomically

POINTS TO REMEMBERPOINTS TO REMEMBER

• Be respectful of student Be respectful of student rightsrights

• You may You may TeachTeach; you may not ; you may not PreachPreach

• Teaching about Religion is Teaching about Religion is encouragedencouraged;;

but must align with but must align with curriculumcurriculum objectivesobjectives

• Be Be sensitivesensitive: Not all students celebrate : Not all students celebrate the same holidays the same waythe same holidays the same way

Questions?Questions?• Visit with your site administrators or Visit with your site administrators or

supervisorsupervisor

• Contact Debbie Burchfield, Assistant Contact Debbie Burchfield, Assistant Superintendent at Superintendent at debbie.burchfield@jenksps.org

Acknowledgements:Acknowledgements:

Charles C. Haynes and Oliver Thomas, “Finding Common Ground, A Guide Charles C. Haynes and Oliver Thomas, “Finding Common Ground, A Guide to Religious Liberty in Public Schools,” First Amendment Center, 2002.to Religious Liberty in Public Schools,” First Amendment Center, 2002.

Many thanks to Jennifer Freeman, Jenks Alternative Center teacher, for her Many thanks to Jennifer Freeman, Jenks Alternative Center teacher, for her contributions to this presentation.contributions to this presentation.