Thursday, August 03, 2006

Student and Teacher Rights

Today is a slow news day concerning the types of things I would write on. So I decided to hit a topic I haven't researched since I was a Youth Leader. That is, the rights of those in a school environment. While working with teenagers I, of course, only looked at the aspect of the teenagers and how they should respond to anti-religious harrassment. This time I decided to look at the rights of not only teenagers but all students and all teachers. The items below sound just like High School stuff but applies to everyone. Here is what I compiled:
Students:
A student may witness, share their faith, and discuss Christian topics during NON-INSTRUCTIONAL TIME with willing students.

What is NON-INSTRUCTIONAL TIME?
Free time before school
Between classes
Breaks and/or lunch time
Times during class designated as FREE TIME by the the teacher
After school

A student can discuss religious topics out-loud during class as long as the content of their speech is consistent with what is being discussed or studied at the time.
A student MAY NOT try to use the "captive audience" of their fellow classmates as a platform to hold an informal church service or purposely seek to subvert the discussion in favor of a religious discussion. This would be a bad testimony. If there is a clear opportunity to speak up for truth and for the Lord, it will usually be obvious.

A student can give oral reports (and written reports) concerning issues of faith, provided the assignment could include that option.

A student can distribute Christian materials during non-instructional time in the normal gathering areas of students

A student may have their Bible at school and read it openly during non-instructional time.

A student may pray during the school day, as long as it is not disruptive to the educational process.

If a section of a class is directly OFFENSIVE to your faith, such as a unit on EVOLUTION in Biology Class, you may request to OPT-OUT of that particular section or part of the class.
You will be required to do compensatory assignments. Government agencies are forbidden by law from being anti-religious, in other words, a government agency such as a public school cannot force you to endure teaching or activities that are opposed to your faith. Government must maintain NEUTRALITY towards religion...neither for it or against it.
Teachers:
May students include religious expression in their assignments, artwork, etc.?
Yes. The DOE guidance letter specifically states:
Students assignments: Students may express their beliefs about religion in the form of homework, artwork, and other written and oral assignments free of 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.

May a teacher include examples of religious expression by national leaders in the history curriculum?
Yes. The curriculum may include “examples of our national leaders lifting up their minds and hearts for worship, guidance, supplication, and thanksgiving.” Similarly, historical documents with religious references may be studied in the curriculum.

Must a school remove the Bible from the school library?
No. Inclusion of a Bible in a school library is appropriate. Indeed, one federal court ordered a school to put a Bible back onto school library shelves, tating that “it is inconceivable that the Bible should be excluded from a school library.” The court concluded that “[t]he Establishment Clause does not require that religious books be removed from the shelves of school libraries.”

May a teacher include religious references in correspondence with parents?
It depends on whether the teacher is writing to students’ parents in his capacity as a teacher. If he is , then the letters may be considered part of his instructional program which can be regulated by the school officials. Schools officials may require that he not include religious references in letters written to parents in his capacity as a teacher. The school should not be able to regulate communications to students’ parents on matters unrelated to the school.

May a teacher include religious references in correspondence with other teachers?
The First Amendment should protect the right of teachers to express their personal viewpoints on religion in conversations and written communication with other teachers just as they may express their personal viewpoints on a variety of topics.
For more information on exceptions to these rights and other rights check out the following links.
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Student Rights
Teacher Rights

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