Spencer's second religious liberty draft policy

INTRODUCTION

Any discussion of the place of religion in public education must be grounded in the principle of religious liberty, or freedom of conscience, particularly as embodied in this nation's First Amendment to the Constitution, which states that:

"Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof..."

Spencer School District recognizes that this inalienable right is best guarded and responsibilities best exercised when each person and group guards for all others those rights they wish guarded for themselves.

Public schools may neither instill nor inhibit religion. They must be places where religion and religious conviction are treated with fairness and respect. Spencer School District upholds the First Amendment by protecting the liberty rights of students of all faiths and no faith.

The District strives to advance the students' knowledge and appreciation of the role that religion has played in the development of our country as well as all aspects of human history.

Definition of Religion: A specific system of belief that may or may not include a deity and is not limited to orthodox belief systems or practices.

STATEMENT OF POLICY PURPOSE

The Spencer School District policy is to comply with existing state and federal law regarding religion and religious expression in public schools. Specifically to: 1) allow students and employees to engage in expression of personal religious views or beliefs within the parameters of current law, and 2) maintain the school's official neutrality regarding sectarian religious issues. The District will neither advance nor inhibit religion.

The District endorses teaching about religion where the curriculum indicates it is appropriate and when the classroom atmosphere encourages both teacher and students to be responsible and to respect the rights of each person.

Such teaching must foster knowledge about religion, not indoctrination into religion; it should be academic, not devotional or testimonial; it should promote awareness of religion, not sponsor its practice; it should inform students about diversity of religious views rather than impose one particular view; and it should promote understanding of different religious views as well as respect for the rights of persons who hold such views.

I. RELIGIOUS EXPRESSION

Student Expression of Personal Religious Beliefs or Views

Free exercise of religious practices or freedom of speech by students shall not be denied unless the conduct or speech unreasonably interferes with the ability of the school officials to maintain order and discipline, violates schools rules, impinges on the rights of others, unreasonably endangers persons or property, creates a coercive environment, or violates concepts of civility or propriety appropriate to the school setting. This includes, but is not limited to:

Reading the Bible or other scriptures during free time

Praying, alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others

Discussing religious views with other students, or attempting to persuade peers about religious topics, as long as the persuasive speech does not constitute harassment

Student religious conduct or expression shall not be prohibited in homework, classroom discussions, presentations, assignments, or school sponsored activities, unless it violates the standards above. Students have the right to give educationally relevant classroom presentations on religious topics or engage in other religious expression during instructional time. Students do not have the right to make a captive audience listen to a lengthy sermon, or compel other students to participate in religious exercise.

Graduation Exercises

As per the United States Department of Education:

"Student speakers at student assemblies and extracurricular activities may not be selected on a basis that either favors or disfavors religious speech. Where student speakers are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over the content of their expression, that expression is not attributable to the school and therefore, may not be restricted because of its religious (or anti-religious) content."

The graduation program shall contain a disclaimer indicating that student speech is the speaker's and not the District's.

Baccalaureate Services

Baccalaureate, as a religious service, is not sponsored or organized by the District. Attendance at such an event shall be optional and voluntary.

Distribution of Religious Materials on School Grounds

In accordance with United States lower court decision, outside groups may passively distribute literature or other materials at the secondary level on school grounds in accordance with reasonable time, place, and manner restrictions imposed by the school.

Students may distribute religious literature or other materials only at reasonable times, places, and manner designated by the school.

Religious flyers and hand-outs, announcing community events, shall not be singled out for special regulation on prohibition based on content, but are subject to reasonable time, place, and manner restrictions imposed by the schools on other non-school related literature.

Employee and Volunteer Worker Expression of Personal Religious Beliefs

All employees and volunteers of the School District must maintain strict neutrality concerning religion when acting in their official capacities. An employee's rights relating to voluntary religious practices and freedom of speech do not include proselytizing of any student while the employee is acting in the employee's official capacity, nor may an employee attempt to use his or her position to influence a student regarding the student's religious beliefs or lack thereof.

If a student asks an employee or volunteer about that employee's personal religious beliefs, the employee may choose not to respond. However, while acting in an official capacity, an employee may respond in an appropriate and restrained manner to a spontaneous question from a student regarding the employee's personal religious beliefs or perspectives, but may not turn the question into an opportunity to proselytize for or against religion.

Religious apparel is permissible if it is required by a person's religion, is part of the person's ordinary work dress, would not be disruptive of the school environment, or does not contain a proselytizing message.

II. TEACHER TRAINING AND CURRICULUM

"Knowledge about religions is not only characteristic of an educated person, but is also absolutely necessary for understanding and living in a world of Diversity."

National Council for the Social Studies

Further, the proper role for instruction about religion in the public school is in its educational value and not in religious observance or celebration. According to the Supreme Court, the Establishment Clause of the First Amendment forbids state action or practices that aid or prefer one religion over another or that aid all religions and thus endorse or show preference for religion over non-religion, while the Free Exercise Clause requires any state actions or practices which interfere with an individual's constitutionally protected religious freedom to be strictly scrutinized.

Curriculum

Teachers shall prepare and teach lessons throughout the year and throughout the curriculum that:

Approach religion as academic, not devotional

Strive for student awareness of religions, not acceptance of religions

Study about religion, but do not practice religion in the classroom

Expose students to diversity of religious views, not impose any particular view

Educate about a variety of religions, not promote or denigrate religion

Inform students about various beliefs, not conform students to any particular belief

Demonstrate the impact of economic, social, political and cultural effects of religion throughout history

Are age appropriate

Over time, the District Curriculum Committee may create additional courses or special units of instruction within the curriculum that promote the study of various religions and beliefs throughout the world. The District Curriculum Committee, consisting of staff and administrators, shall select textbooks and supportive materials for use in classrooms that include references to various religions.

III. RELIGIOUS HOLIDAYS

In the Classroom

The recognition of religious holidays may be taught if the purpose is to provide instruction about religious traditions in world culture. Presentation of materials dealing with religious holidays must be accurate, informative and descriptive. The focus should be on the origins, history and generally agreed-upon meanings of the holidays. Respect for religious diversity in the classroom necessitates that teachers be fair and balanced in their treatment of religious holidays. No students should feel excluded or forcibly identified with a religion not their own. Teachers shall not use the study of religious holidays as an opportunity to proselytize or inject personal religious beliefs in the discussions. Teachers should teach through attribution; i.e., by reporting that "some Buddhists believe..." This allows the religious traditions to speak for itself.

On the elementary level, natural opportunities arise for discussion of religious holidays while studying different cultures and communities. On the secondary level, students of social studies, literature, world history and the arts will have opportunities to consider the holy days of religious traditions. Teachers need to be aware of the major religious holidays as to avoid, as much as possible, creating an undue burden on students who choose not to attend school on those days.

Class parties associated with seasonal holidays are appropriate insofar as they are consistent with the approved curriculum. However, consistent with the District's goal of maximizing instructional time, such parties must not unduly interfere with regular academic activities.

Holiday Programs

Holiday programs should serve as an educational purpose for all students. No school activity shall have the purpose, or effect, of promoting or inhibiting religion. Public schools may not sponsor religious devotions or celebrations. Study about religion does not extend to actually experiencing religious worship or practice.

Religious Depictions

Religious depictions in the classroom, in school assemblies or other school-sponsored programs that have an educational goal shall be allowed. These depictions must only be short re-enactments or portrayals. The School must give attribution explaining that the depictions are the beliefs of a particular faith, i.e. by reporting that "some Buddhists believe..."

Religious Symbols

Religious symbols may be used as a teaching aid or resource, not as a devotional tool, provided they are displayed only as an example of the cultural and religious heritage of the holiday and are temporary in nature. Students may choose to create artwork with religious symbols, but teachers shall not assign such creations. Art projects and other class activities shall give students a choice that respects the kinds of celebrations, religious or otherwise, that their families practice. Teachers and administrators shall not assume how students celebrate certain times of the year, but shall use religious holidays to teach what these symbols actually mean in the traditions they represent.

A religious symbol is:

Any object that portrays or recognizes the existence of a Supreme Being or deity, including, but not limited to: the Cross, Star of David, nativity scene, menorah, tablets, chalices, crescent, Buddha and other symbols that are part of a religious celebration or ceremony.

Any object that is closely associated with religion or with the celebration of a religious holiday (such) that it is looked upon as being of a religious nature, including, but not limited to: the Dreidel, Christmas tree, Santa Claus, Lion of Judah, Easter eggs and Easter bunnies.

Religious Music

Traditional carols and music from other traditions, i.e. Religious music, may be performed by District bands, choirs and orchestras as part of an academic program of instruction. When planning and presenting performances that include religious music, District personnel must make all reasonable efforts to provide a balanced presentation of secular and religious music from a variety of traditions throughout the course of the school year.

Students may present a musical work with a religious theme in class or as part of a special performance, variety or talent show, etc., as long as such selections are consistent with the purpose or theme of the assignment or presentation.

Parents' Right to Excuse Students for Religious Reasons

School officials shall try to accommodate the written requests of parents for excusal of their child from classroom discussions or activities for religious reasons. If focused on a specific discussion, assignment, or activity, such a request may be routinely granted. Alternative lessons/activities will be substituted within reasonable limitations.