The Unconstitutionality of Equal Access Policies and Legislation Allowing Organized Student-Initiated Religious Activities in the Public High Schools: A Proposal for a Unitary First Amendment Forum Analysis (original) (raw)
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Due to increasing attacks on school curriculum and policies, administrators must understand the law associated with education and religion. Guided by this knowledge, school leaders can foster an educational environment while simultaneously protecting individual expression. If a lawsuit occurs, an administrator can best protect both the school and student plaintiffs by knowing educational law and constitutional rights, appreciating individual perspectives, recording all incidents of dispute, determining insurance policy coverage, cooperating with the media, learning from the experience, and maintaining great concern for plaintiffs. The Lemon Test and the Cherry Hill decision will guide educators in irople...a.z curricula consistent with the First Amendment. Individual religious expression is protected by the U.S. Constitution and by the 1993 Religious Freedom Restoration Act. The 1984 Equal Access Act allows secondary school students to hold religious club meetings during noninstructional times on public school grounds. According to 1996 White House guidelines, individual students can pray and read a religious text alone; students can wear (nondisruptive) religious symbols; teachers can educate about religion and its role in art, philosophy, and music; officials cannot organize prayer sessions during school hours; and schools cannot allow prayers at graduation ceremonies. Included are 22 references. (MLH)