New federal regulatory guidance protects religious expression in schoolsFeb 10, 2003
Official guidance issued on Friday, February 7 by the U.S. Department of Education
makes clear that public schools "may not . . . discriminate against student
prayer or religious speech." Local schools must certify in writing that
they do not discriminate against student religious speech in order to qualify
for federal funds under the Elementary and Secondary Education Act (ESEA). The
new rules also provide that the Secretary of Education may bring enforcement
action, up to and including withholding funds, against schools that do not comply.
"This is a great moment for students in public schools all across America,"
Becket Fund President Kevin J. Hasson said, "but it is an especially significant
moment for Zachary Hood and his mother Carol." After years of litigation
, The Becket Fund recently settled a lawsuit brought on Zack's behalf against
the school system in Medford, New Jersey. As an early elementary school student,
Zack was humiliated by school officials who barred him from reading a favorite
story from his "Beginner's Bible" to his classmates because of its
religious character. They also removed from a hallway display his Thanksgiving
poster, saying he was "thankful for Jesus."
"At last, we finally have ‘teeth' in the guidelines that supposedly
have governed school policies since the Clinton Administration," Hasson
declared. "These rules make clear that local school officials who treat
students the way that Medford, New Jersey officials treated Zack will place
themselves in jeopardy of losing federal funds. It's a new day for Zack and
for millions like him. In a very real sense, these are ‘Zack's rules.'"
The new Education Department guidance provides that:
"Students may express their beliefs about religion in homework, artwork,
and other written and oral assignments free from 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. Thus, if a
teacher's assignment involves writing a poem, the work of a student who submits
a poem in the form of a prayer (for example, a psalm) should be judged on
the basis of academic standards (such as literary quality) and neither penalized
nor rewarded on account of its religious content."
Relevant Cases
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