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Truth in Our Schools Although students have long had the right to engage in religious expression in public schools, districts across the
country often prohibit them from exercising these rights based on a false view
of the law. As a legal alliance defending the right to hear and speak the
Truth, ADF has been established, in part, to help protect these cherished freedoms and to restore rights guaranteed by the Constitution. This pamphlet briefly addresses some of these important rights.
1. Students have the right to pray, evangelize, read Scripture, distribute literature, and invite fellow students to participate so long
as it is voluntary; it is not disruptive or coercive; and it occurs during noninstructional
time.
a. Schools may only prohibit student expression if there is specific evidence that the expression materially and substantially interferes with the requirements of appropriate discipline
in the operation of the school or interferes with the rights of others.
b. All student expression is subject to reasonable time, place, and manner restrictions imposed by the school. These restrictions must
be content neutral, narrowly tailored to serve a signifi cant government interest,
and leave open ample alternative channels of communication.
2. Students have the right to express their religious views during class discussions or as a part of an assignment so long as the expression
is relevant to the subject under consideration and otherwise meets the requirements
of the assignment.
3. Students may lawfully study the Bible as a part of
a secular program of education if the school should choose to use or allow use of the Bible as a part of its curriculum.
4. Students may lawfully study and perform religious songs as a part
of advancing the students' objective knowledge of society's cultural and religious
heritage, or furthering the study of music, if the school should choose to use
religious songs as a part of the curriculum.
5. Secondary school students may form religious clubs if the school receives
federal funds and allows non-curriculum related clubs to meet during noninstructional
time.
a. Religious clubs must be student-led-a nonstudent cannot lead the club. Regular attendance by an outside adult may be prohibited in order to avoid the appearance of the club being initiated
or directed by a nonstudent.
b. Teachers may be present at religious club
meetings as monitors, but they may not participate in club activities.
c. While the Federal Equal Access Act only applies to secondary
school students (which is defined by the law of each state), a junior high and
high school student's right to initiate and attend religious clubs, and to receive
equal access to all club benefits has also been recognized as being protected by the First Amendment.
6. Religious clubs must
be given full access to all school facilities, resources, and equipment that are
used by secular student clubs, including, but not limited to, announcements on bulletin boards and the school's public address system, access to club funding and yearbook.
7. Students may wear religious
attire required by their religion to the extent that other like articles of dress
are permitted.
8. Students may wear clothing or jewelry displaying religious messages to the same extent that other messages are
permitted.
9. Subject to applicable state laws, students may be able to
attend off-campus religious instruction provided that schools do not encourage or discourage participation or penalize those who do
not attend.
10. Subject to applicable state laws, students may be able to
be excused from lessons that are objectionable to the student or the student's parents on religious or other conscientious grounds.
Students also have a right not to be required to say or do something that violates
their religious beliefs.
11. Subject to applicable state laws, students
may be able to obtain an excused absence for the observance of religious holidays.
Students across the country are increasingly facing hostility and censorship while attempting
to exercise their constitutionally protected religious beliefs-all in the name
of "tolerance."
If you experience a violation of your rights while
in school, please call 1-800-TELL-ADF.You never know, it could help ensure that the avenues to proclaim the Truth remain open.
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