Suggestions for Dealing with Public Schools
By: Christina Aubin, Pagan
Parenting Coordinator - The Witches' Voice inc.
Have a copy of the
Parent and Student handbook. Be sure to read it through so you have an
understanding of the rules and regulations (including dress code - note any
rules regarding religious medals or jewelry - it has to be an all or none
situation).
Know you child's
(children's) teacher and support staff. If you are "out of the broom closet"
then be sure to create the environment in which folks can feel comfortable
asking questions. Although it is a violation of your civil rights for any
member of the school staff to ask you your religion, if you are out of the
"broom closet" and it is obvious, information will help quiet any fears that
may arise. I have found this to begin some wonderful conversations and allow
further understanding in an area that tends to be "homogeneous Christian".
Be involved in the
classroom and school, if at all possible. This allows you to have a finger
on the pulse of the school, it also allows others in the school to know you
as who you are, not what you represent. If unable to actually be "in school"
then be sure to develop a relationship with the teacher that allows frequent
and open communication.
If you want exercise
your ability to have religious days off, you should find out the policy on
notification of days off for religious purpose. The school has no right to
deem whether your religion is a "valid" religion -- as this again would be a
violation of your civil rights. You could worship kumquats and it could be a
high holy kumquat day and they would have to allow an excused absence.
Rules can not be made
that single out one religion over the others in public schools. All rules
must be inclusive to all or exclusive to all in a public school setting - if
they do single out particular religions then they are violating your First
Amendment rights. (Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.)
Any and all issues
that might arise should be well documented. If possible see that all
communication is written and copied to all pertinent personnel and
organizations, sent via return receipt mail service. When issues arise keep
logs on any phone or personal conversations; it helps to keep you organized
in your dealings. Dedicate a three-ring binder to house this log so you can
add pages, as you need. Never, never underestimate the power of carbon
copying (cc'ing) everyone - it makes people accountable and acknowledges
that they have the ball in their court. (Your school handbook should lay out
the proper notification procedure and chain of command within the school
district - be sure to also include an outside group such as ACLU, if
possible)
Federal Guidelines
for religious expression in public schools
What are the ground rules for religious expression in public schools?
Secretary of Education Richard Riley, at the direction of President Clinton,
issued guidelines in 1995 and updated them in 1998 to reflect recent court
decisions.
A synopsis of the guidelines:
Students have the same right to engage in individual or group prayer and
religious discussion during the school day as they do to engage in other
comparable activity.
Local school authorities have "substantial discretion" to impose rules of order
but may not structure the rules to discriminate against religious activity or
speech.
Students may attempt to persuade peers about religious topics as they would any
other topics, but schools should stop such speech that constitutes harassment.
Students may participate in before- or after-school events with religious
content, such as "see-you-at-the-flagpole" gatherings, on the same terms they
can participate in other non-curricular activities on school premises.
Teachers and administrators are prohibited from either encouraging or
discouraging religious activity and from participating in such activity with
students.
Public schools may not provide religious instruction but may teach about
religion.
Students may express their beliefs about religion in homework, artwork and other
written and oral assignments. The work should be judged by ordinary academic
standards and against other "legitimate pedagogical concerns." Students may
distribute religious literature on the same terms other literature unrelated to
curriculum can be distributed.
Schools have "substantial discretion" to excuse students from lessons
objectionable on religious or other conscientious grounds. But students
generally don't have a federal right to be excused from lessons inconsistent
with religious beliefs or practices.
Schools may actively teach civic values and morals, even if some of those values
also happen to be held by religions.
Students may display religious messages on clothing to the same extent they may
display other comparable messages.
For the complete printable version of these guidelines, see:
THE EQUAL ACCESS
ACT.
Public School Links:
Michigan student wins right to wear pentagram in high school
Religion In The
Public Schools: A Joint Statement Of Current Law
Important Note: DAPN does not offer legal advice nor are we qualified
to do so. This document does not constitute legal advice but is intended to be
used in conjunction with the legal services of an attorney licensed to practice
in your state. This document can be copied and distributed to your lawyer should
you decide that you need the services of one.