Example of a public school's policy on religion (and Bible clubs)

The following is an example of a public school board's policy regarding religion.

Here are some excellent quotes before you read the whole thing...

use of public school facilities is governed by the United States Supreme Court decision in Lamb's Chapel v. Center Moriches Union Free School District, 113 S. Ct. 2141 (1993). This is the landmark United States Supreme Court case holding that use of school facilities must be offered on a nondiscriminatory basis even if the requester is a religious organization.

Religious institutions and orientations are central to human experience, past and present. An education excluding such a significant aspect would be incomplete.

The School Board supports the inclusion of religious literature, music, drama, and the arts in the curriculum and in school activities provided it is intrinsic to the learning experience in the various fields of study and is presented objectively. The Bible or other religious literature may be used as an appropriate study of history, civilization, ethics, or comparative religions so long as it is presented in an objective manner without promoting belief or non-belief.

Student-initiated expressions to questions or assignments which reflect their beliefs or non-beliefs about a religious theme shall be accommodated. Students are free to express religious belief or non-belief in compositions, art forms, music, speech and debate.

It is the intent of this policy to recognize the free speech rights of students in public school. Students on public school campuses have the right to express their ideas verbally and through the distribution of literature so long as their speech does not disrupt the ordinary operation of the school.

Any public secondary school which receives federal financial assistance and which has a limited open forum shall not deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or the content of the speech at such meetings.

Here is the full policy...

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MODEL SCHOOL BOARD POLICY REGARDING RELIGION
By Mathew D. Staver, Esq.

Symbols, Music, Art, Drama, Literature

A. It is the intent of this policy to promote tolerance and understanding among students, faculty and staff. It is further the intent of this policy to neither promote nor to denigrate religion or religious practices. Students and staff members should be excused from participating in practices which are contrary to their religious beliefs unless there are compelling reasons that would prevent excusal.

1. The several holidays throughout the year which have a religious and secular basis may be observed in the public schools.

2. The historical and contemporary values and the origin of religious holidays may be explained in an unbiased and objective manner without sectarian indoctrination.

3. Music, art, drama, and literature having religious themes or bases are permitted as part of the curriculum for school-sponsored activities and programs if presented in a prudent and objective manner and as a traditional part of the cultural and religious heritage of the particular holiday.

4. The use of religious symbols such as a cross, menorah, crescent, Star of David, creche, symbols of Native American religions, or other symbols that are part of a religious holiday are permitted as a teaching aid or resource provided such symbols are displayed as an example of the cultural and religious heritage of the holiday and are temporary in nature. Among these holidays are included Christmas, Easter, Passover, Hanukkah, St. Valentines Day, St. Patricks Day, Thanksgiving and Halloween.

5. The districts calendar should be prepared so as to minimize conflicts with religious holidays of all faiths.

B. Religious institutions and orientations are central to human experience, past and present. An education excluding such a significant aspect would be incomplete. It is essential that the teaching about and not of religion be conducted in a factual, objective and respectful manner.

1. The School Board supports the inclusion of religious literature, music, drama, and the arts in the curriculum and in school activities provided it is intrinsic to the learning experience in the various fields of study and is presented objectively. The Bible or other religious literature may be used as an appropriate study of history, civilization, ethics, or comparative religions so long as it is presented in an objective manner without promoting belief or non-belief.

2. The emphasis on religious themes in the arts, literature and history should be only as extensive as necessary for a balanced and comprehensive study of these areas. Such studies should never foster any particular religious tenets or demean any religious beliefs.

3. Student-initiated expressions to questions or assignments which reflect their beliefs or non-beliefs about a religious theme shall be accommodated. Students are free to express religious belief or non-belief in compositions, art forms, music, speech and debate.

Speech, Literature Distribution and Clothing

C. It is the intent of this policy to recognize the free speech rights of students in public school. Students on public school campuses have the right to express their ideas verbally and through the distribution of literature so long as their speech does not disrupt the ordinary operation of the school.

1. Students may verbally express their ideas during class so long as their verbal expressions are consistent with the subject matter being taught.

2. Students may verbally express their ideas to other students during noninstructional time so long as their speech is not disruptive to the ordinary operation of the school and does not infringe on the rights of other students.

3. Students may distribute literature during noninstructional time so long as the distribution is not disruptive to the ordinary operation of the school and does not infringe on the rights of other students.

4. Students may wear symbols or articles of clothing which contain written or symbolic expressions so long as such symbols or clothing is not obscene and does not infringe on the rights of other students.

5. As used in this section, the term "noninstructional time" means before or after school hours, between classes, during lunch or recess times.

6. As used in this section, the term "does not disrupt the ordinary operation of the school" means that the speaker be the initiator and cause of disruption. It does not mean that other students must agree with the speaker. Disruption by other students in response to the students expressions should not be construed to mean that the speaker is causing disruption. "Disruptive to the ordinary operation of the school" includes littering, forcing other students to listen by shouting or preventing passage, and engaging in speech activities during instructional time which is not consistent with the subject matter being taught.

7. As used in this section, the term "infringe on the rights of other students" means defamatory expressions against another student.

Graduation Ceremonies

D. It is the intent of this policy to recognize the solemnity of graduation ceremonies. It is also the intent to recognize the delicate balance between free speech rights and establishment of religion concerns.

1. School officials shall not invite a clergyman for the specific purpose to pray at graduation, place the prayer on the agenda, and give the clergyman guidelines for saying the prayer.

2. School officials may use secular criteria to invite a speaker for the graduation ceremony, and if the speaker voluntarily chooses to pray, school officials should not prevent the prayer.

3. Schools may rent out their facilities to outside organizations to conduct graduation at which a clergyman or other person is invited to pray and where prayer is placed on the agenda so long as school officials do not organize, conduct, promote or prescribe the content of the graduation ceremony.

4. Schools may turn over part or all of the graduation ceremony to a parent and/or student committee to organize part or all of the ceremony at which the inclusion of prayer shall rest within the discretion of the graduating senior class. The prayer, if used, shall be given by a student or other person who is not an employee of the school.

Alternative Section Regarding Graduation Ceremonies

1. The use of a brief opening and/or closing message, not to exceed two minutes, at high school graduation exercises shall rest within the discretion of the graduating senior class.

2. The opening and/or closing message shall be given by a student volunteer, in the graduating senior class, chosen by the graduating senior class as a whole.

3. If the graduating senior class chooses to use an opening and/or closing message, the content of that message shall be prepared by the student volunteer and shall not be monitored or otherwise reviewed by the school board, its officers or employees.

Student Clubs

E. It is the intent of this policy to recognize noncurriculum-related student clubs as being a traditional and vital part of a students educational process within the public school system. It is further the intent to provide nondiscriminatory guidelines for the continued operation of student-initiated clubs.

1. Any public secondary school which receives federal financial assistance and which has a limited open forum shall not deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or the content of the speech at such meetings.

2. A public secondary school is a limited open forum whenever such school grants an offering to or opportunity for one or more noncurriculum-related student groups to meet on school premises during noninstructional time.

3. Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that--

(a) the meeting is voluntary and student-initiated;

(b) there is no sponsorship of the meeting by the school, the government, or its agents or employees;

(c) employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;

(d) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

(e) nonschool persons may not direct, conduct, control, or regularly attend activities of student groups.

4. Nothing in this section shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

5. The term "sponsorship" includes the act of promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting.

6. The term "meeting" includes those activities of student groups which are permitted under a schools limited open forum and are not directly related to the school curriculum.

7. The term "noninstructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.

Release Time

F. It is the intent of this policy to recognize that schools may offer a release time for students to leave the public school facilities for off-site instruction, including religious instruction.

1. Any school may provide a designated time during the school week for students to leave the public school facilities in order to obtain off-site instruction, which may include religious instruction.

2. Students shall not be required to attend off-site religious instruction, nor may students be required to leave the public school facilities during the designated time of this off-site instruction.

3. Any religious instruction that occurs during the release time shall not be on school premises, shall not be conducted by school personnel, and no academic credit shall be given for such instruction.

Use of School Facilities

G. It is the intent of this policy to recognize that school facilities are often made available for noncurriculum-related purposes to students as well as to nonstudents, and it is further the intent of this policy that such use shall be offered on an equal and nondiscriminatory basis.

1. Any school which makes available use of its facilities to any nonstudent as a meeting place before or after the official school day shall offer use of the school facilities on an equal and nondiscriminatory basis without regard to the content of the requested meeting.

2. Any school which offers use of its facilities to any nonstudent may charge a rental or use fee so long as such rental or use fee is required for any meeting requested by any nonstudent on an equal and nondiscriminatory basis without regard to the content of the requested meeting.

3. Notwithstanding any use made available to any nonstudent, the school may prohibit continued use of the school as a meeting place to any nonstudent if there is particularized evidence to show that the nonstudent user has and will continue to cause disruption or violence to the ordinary operation of the school.

4. The request made by a student to use school facilities as a meeting place during school hours shall be governed by Section E of this policy relating to Student Clubs.

Severability

F. If any provision of this policy or the application thereof to any person or circumstances is judicially determined to be invalid, the provisions of the remainder of the section and the application to other persons or circumstances shall not be affected thereby.

SIGNIFICANT CASES SUPPORTING SCHOOL BOARD POLICY REGARDING RELIGION

Symbols, Music, Art, Drama, and Literature

Sections A and B of the policy are taken verbatim from the Eighth Circuit Court of Appeals case of Florey v. Sioux Falls School District 49-5, 619 F.2d 1311 (8th Cir.), cert. denied 449 U.S. 987 (1980). This Eighth Circuit Court of Appeals case found that the policy as outlined in Sections A and B was constitutional. The United States Supreme Court denied review and therefore this case establishes the most authoritative ruling on this policy regarding symbols, music, art, drama, and literature. Sections A and B are also supported by the United States Supreme Court decision in School District of Abington Township v. Schempp, 374 U.S. 203 (1963).



Speech, Literature Distribution and Clothing

Section C is supported by several cases. Foremost is the United States Supreme Court decision in Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969). This was the landmark decision regarding free speech rights on public school campuses. The test for limiting student free speech is taken almost verbatim from the Tinker case and is outlined in Section C2. As it relates to the distribution of religious literature, several federal court cases have been used to outline this portion of the policy. Rivera v. East Otero School District R-1, 721 F. Supp. 1189 (D. Colo. 1989) and Burch v. Barker, 861 F.2d 1149 (9th Cir. 1988).



Graduation Ceremonies

Section D pertaining to graduation ceremonies is based upon the United States Supreme Court ruling in Lee v. Weisman, 112 S. Ct. 2649 (1992). Section D1 essentially states the ruling of the Lee decision. The remainder of Section D is based upon the Fifth Circuit Court of Appeals decision in Jones v. Clear Creek Independent Schools, 977 F.2d 963 (5th Cir. 1992), cert. denied, 113 S. Ct. 2950 (1993). This case cites Lee v. Weisman and outlines an exception as it relates to student prayer. Section D also utilizes the case of Verbena United Methodist Church v. Chilton County Board of Education, 765 F. Supp. 704 (M.D. Ala. 1991). In this particular case involving the rental of school facilities to outside organizations for the purpose of conducting graduation services, there would be no constitutional concerns as raised in Lee v. Weisman. To prohibit such activities could be construed as a violation of free speech rights. The alternative section regarding graduation ceremonies is based on the cases of Harris v. Joint School District No. 241, 821 Supp. 638 (D. Idaho 1993) and Adler v. Duval County School Board, 851 F. Supp. 446 (M.D. Fla. 1994).

Student Clubs

Section E deals with the federal law known as the Equal Access Act found at 20 U.S.C. 4071-74. The Equal Access Act was upheld by the United States Supreme Court in Board of Education v. Mergens, 110 S. Ct. 2356 (1990).

Release Time

Section F pertaining to release time is governed by the United States Supreme Court decision in Zorach v. Clauson, 343 U.S. 306 (1952). Other cases used for this section include Lanner v. Wimmer, 662 F.2d 1349 (10th Cir. 1981), Doe v. Shenandoah County School Board, 737 F. Supp. 913 (W.D. Va. 1990), and Minnesota Federation of Teachers v. Nelson, 740 F. Supp. 694 (D. Minn. 1990).

Use of School Facilities

Section G pertaining to use of public school facilities is governed by the United States Supreme Court decision in Lamb's Chapel v. Center Moriches Union Free School District, 113 S. Ct. 2141 (1993). This is the landmark United States Supreme Court case holding that use of school facilities must be offered on a nondiscriminatory basis even if the requester is a religious organization. The section dealing with rental value is governed by Fairfax Covenant Church v. Fairfax County School Board, 811 F. Supp. 1137 (E.D. Va. 1993), which ruled that a school may not require higher rent of a religious organization for use of its school facilities than as required of secular organizations.

Step 2: FIND A SPONSOR

ABOUT SPONSORS: Most schools require student organizations to have a faculty sponsor. When it comes to religious groups, the courts have expanded that potential sponsor group to include not only teachers, but other school staff such as secretaries and custodial staff. Pray that the Lord would lead you to a Christian staff member who would be willing to be associated with the group. Legally, they cannot direct the activities of the group or participate in the meetings. It is a small role, but necessary.

Before you fill out your formal request, you need to have a faculty sponsor. This can be a teacher, coach, janitor, secretary, or someone on your board. If you know that some adult at your school is a Christian, then ask that person to be your sponsor. If no one is a Christian, ask a faculty member who tolerates or encourages freedom of religion and religious beliefs.

Next, you'll need to write a formal letter to your principal and hand deliver it (and talk about it to your principal). Read more about that here:

http://biblestudytraining.blogspot.com/2008/11/step-3-turn-in-your-formal-letter-of.html

LOCATION: Also, your sponsor sometimes determines the location of your meetings. If you have a teacher sponsor, then you will likely meet in that teacher's room.

Students' Rights to a Bible Club - legal facts letter

Students' Rights
Dear Concerned Citizens:

The purpose of this letter is to set forth the free speech rights of students on their public school campuses, particularly the rights of students to engage in religious activities while at school. As part of our National Students’ Rights Project, this letter is being sent for informational purposes to help clarify the legal issues surrounding this topic.

By way of introduction, the American Center for Law and Justice (ACLJ) is a not-for-profit public interest law and educational group. Our organization exists to educate the public and the government about the right to freedom of speech, particularly in the context of the expression of religious sentiments. I have served as lead counsel in two significant Supreme Court cases in this area: Lamb's Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384 (1993) and Board of Educ. of Westside Community Sch. v. Mergens, 496 U.S. 226 (1990), and also in the Second Circuit Court of Appeals case of Emily Hsu v. Roslyn Union Free Sch. Dist., 85 F.3d 839 (2nd Cir. 1996), and the Eleventh Circuit Court of Appeals case of Chandler v. James, Nos. 97-6898, 97-6953, 1999 WL 493495 (11th Cir. July 13, 1999). Although some special interest groups would have you believe that allowing students to engage in religious activity in school is an unconstitutional act, a close look at Supreme Court jurisprudence belies that conclusion.

A government body, including a public school, may not suppress or exclude the speech of individual students for the sole reason that the speech is religious or contains a religious perspective. Widmar v. Vincent, 454 U.S. 263 (1981); Lamb's Chapel, 508 U.S. 384. As a result, students retain their constitutional rights of free speech and expression. Some examples of permissible student expression include the right to pray, the right to share personal beliefs, the right to complete school assignments from a religious perspective, and the right to distribute religious literature while on public school campuses. While these examples do not provide a comprehensive list of permissible student rights, they provide illustrations of student rights that school districts often misunderstand.

Students do not forfeit their First Amendment rights to free speech while attending school: "[i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Tinker v. Des Moines Indep. Community Sch. Dist., 393 U.S. 503, 506 (1968). Accordingly, students are free to express their religious views while at school. A school official’s decision to bar such discourse because of the religious content of the discourse cannot be sustained.

A school official may not censor religious expression unless the speech creates a material and substantial disruption to the school’s ability to fulfill its educational goals. Id. at 509. The United States Supreme Court has held such censorship to be unconstitutional where there has been "no finding and no showing that engaging [in the activity] would materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." Tinker, 393 U.S. at 509 (quoting Burnside v. Byars, 363 F.2d 744, 749 (5th Cir. 1966)). This standard of "material and substantial disruption" cannot be met merely by the possibility of disruption. As the Supreme Court stated, "in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression." Id. at 508. In Tinker, public school students wore black armbands in school to protest the government’s involvement in Vietnam. Despite the turbulent political climate at the time, the Tinker Court recognized that the possibility of disruption does not supersede the free speech rights of students. In Tinker, the Court held that prohibitions of students’ pure speech can be supported only when they are necessary to protect "the work of the schools or the rights of other students." Id. at 509. Under this standard, student religious expression is constitutionally protected absent a material and substantial disruption.

In addition to Supreme Court precedent, President Clinton reiterated in a July 12, 1995 speech that "[t]he First Amendment does not convert our schools into religion-free zones." 1995 WL 410673, *8 (White House). President Clinton went on to directly address the issue of religious activity in schools: "If students can distribute flyers or pamphlets that have nothing to do with the school, they can distribute religious flyers and pamphlets on the same basis. If students can wear T-shirts advertising sports teams, rock groups, or politicians, they can also wear T-shirts that promote religion." 1995 WL 410673, *10 (White House) (emphasis added).

Due to misinformation, some school officials believe student-led and student-initiated religious activity on public school campuses is illegal. To the contrary, students' rights to engage in religious activities, including voluntary prayer on campus, were further bolstered by the Supreme Court's decision in Mergens which resulted in an 8-to-1 decision upholding the constitutionality of the Equal Access Act. The Act states that it is unlawful "for any public secondary school which receives federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within the limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings." 20 U.S.C. § 4071(a). The Mergens Court stated that "[t]he Establishment Clause does not license government to treat religion and those who teach or practice it, simply by virtue of their status as such, as subversive of American ideals and therefore subject to unique disabilities." Mergens, 496 U.S. at 248 (citing McDaniel v. Paty, 435 U.S. 618, 641 (1978) (Brennan, J., concurring in judgment)).

Schools officials often believe that allowing students to express religious views at school would be a violation of "the separation of Church and State" (Establishment Clause). This very argument has been reviewed and rejected by the United States Supreme Court. In Mergens, the Supreme Court stated, as a general proposition, that the activities of students in a public school do not present any Establishment Clause problem:

Petitioners’ principal contention is that the Act has the primary effect of advancing religion. Specifically, petitioners urge that, because the student religious meetings are held under school aegis, and because the state's compulsory attendance laws bring the students together (and thereby provide a ready-made audience for student evangelists), an objective observer in the position of a secondary school student will perceive official school support for such religious meetings. . . . We disagree.

Mergens, 496 U.S. at 249-250 (emphasis added).

Of course, Mergens merely reflects the Establishment Clause's intended limitation – not on the rights of individual students – but on the power of governments (including the School District). As Justice O'Connor stated, "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect." Id. at 250 (emphasis in original). As a result, student religious expression, such as voluntary prayer or student-initiated religious discourse is treated as private speech and is protected from censorship.

In Lamb's Chapel, the Supreme Court invalidated a public school policy which discriminated against religious speakers. In striking down the exclusion of religious speech, the Lamb's Chapel Court stated that "[t]he principle that has emerged from our cases 'is that the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.'" 508 U.S. at 394 (citing City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 804 (1984)). The Lamb's Chapel decision reinforces the rights of religious persons to express their views publicly.

The Establishment Clause of the First Amendment "requires the state to be a neutral in its relations with . . . religious believers and non-believers; it does not require the state to be their adversary." Everson v. Board of Educ., 330 U.S. 1, 18 (1947). On the contrary, "[s]tate power is no more to be used to handicap religions, than it is to favor them." Everson, 330 U.S. at 18.


Please feel free to share this informational letter with others in your community. Additionally, the ACLJ remains committed to defending the First Amendment rights of students, and we are available to answer any questions you may have regarding these issues.

Sincerely,

AMERICAN CENTER FOR LAW & JUSTICE
Jay Alan Sekulow
Chief Counsel

National Office:
1000 Regent University Drive
P.O. Box 64429
Virginia Beach, VA 23467
757-226-2489
757-226-2836 (Facsimile)

Offices in: Atlanta, GA. Chesapeake, VA. Dallas, TX. Honolulu, HI. Mobile, AL. Nashville, TN. New Hope, KY. New Milford, CT. New York, NY. Panama City, FL. Pittsburg, PA. Portland, ME. Scottsdale, AZ. Virginia Beach, VA. Washington, D.C

Step 3: TURN IN YOUR FORMAL LETTER OF REQUST

Your formal letter of request should include these parts:

1. What you want to form
2. That you won't meet during curricular times
3. What your basic purpose is
4. A statement of thanks and/or appreciation
5. A list of founding members with signatures
6. The name and signature of your faculty sponsor (see Step 2)

After you turn in your letter of request, you should ask your principal if you need to submit a mission statement, charter or statement of faith (steps 4-6); we recommend that you have those ready and hold them in your hand so that your principal knows you're ready to turn in whatever is needed.


BELOW IS A LETTER YOU CAN USE. Yup, just copy and paste this into Word or another word processing application. Then just replace the parenthesis with your school name, your founders' names and signatures, and your faculty sponsor's name and signature.

MAKE A COPY OF THIS LETTER. The copy is for your own records. Make sure you copy it after you get all the signatures. Just in case the principal claims something "happened" to the letter, you can just fork over another copy. Or if it ever went to court, then you would have evidence. (You won't go to court though; that's VERY rare.)

---------------------------------




Formal Letter of Request



Date: (Replace this with the date)


We, the students of (Replace this with your school name) are formally requesting permission to start and charter a new student Christian organization on campus. This organization will meet only during non-curricular time and will primarily be concerned with helping to foster positive discussion of spiritual matters according to the Bible and prayer.

We seek no other amenities than those already given to existing non-curricular clubs.

We thank you for your consideration.


(Replace this with the name and signature of a founding member)_______________________________________


(Replace this with the name and signature of a founding member)_______________________________________


(Replace this with the name and signature of a founding member)_______________________________________



Faculty Sponsor:

(Replace this with the name and signature of the faculty sponsor)______________________________________________________________________________


WHEN YOU TURN IN THE LETTER don't just drop it in a box somewhere. Hand it to your principal and tell your principal that you'd like to start a club. Tell your principal that you have a list of founding members and the name and signature of your faculty sponsor (see step 2). Ideally, you should have all this prepared when you first talk to your principal. You should know if your school allows non-curriculm clubs, and then you should ask your principal if the school allows non-curriculum clubs. When your principal says yes, you should tell your principal that you want to start a Bible Club and hand your principal the formal letter of request. For further details, see Step 1.

IF YOUR REQUEST IS DENIED, AND YOUR SCHOOL ALLOWS NON-CURRICULUM CLUBS...

If your request is denied, and your school allows non-curriculum clubs, then make sure you present some of the resources we provide to your principal. Show them the legal fact sheet and the letter from Bill Clinton, but try to do it as gracefully and humbly as possible (I know, that sounds impossible, but you can try).

Read more about the resources here:

http://biblestudytraining.blogspot.com/2008/11/step-1-check-to-see-if-your-school.html


IF THEY STILL REJECT YOUR REQUEST, then we recommend you contact some of the FREE LEGAL COUNSELORS below. We have listed several excellent organizations below that exist for this exact purpose...to defend a Christian's Legal Rights. If you are under 18, make sure that you have a parent or guardian help you to make contact.

FREE LEGAL COUNSELORS:

1. The American Center For Law and Justice
P.O. Box 64429
Virginia Beach, VA 23467
757-226-2489
http://www.aclj.org/

2. Alliance Defense Fund15333 North Pima Road
Scottsdale, AZ 85260
800-TELL-ADF
http://www.alliancedefensefund.org/

3. Christian Law Association
P.O. Box 4010
Seminole, FL 33775
727-399-8300
http://www.christianlaw.org/

4. The Rutherford InstituteP. O. Box 7482
Charlottesville, VA 22906-7482
434-978-3888
http://www.rutherford.org/

5. Christian Legal Society
4208 Evergreen Lane
Suite 222
Annandale, Virginia 22003-3264
Phone: (703) 642-1070
Fax: (703) 642-1075
http://www.clsnet.org/


In case you didn't read it earlier, all the above Legal Counselors are FREE!!! They exist to serve you.

Most of the above information was from (taken down):

http://www.defendyourfaith.com/started-how-to.htm

Even if you got shot down and your school allows at least one other non-curriculum club, and you don't feel like fighting your school, you should really consider contacting one of the organizations above anyway. Not only is your school illegally disallowing you your right (according to the Equal Access Act), but they are also disallowing all future classes (kids in other grades) from that right as well. By showing your school that they have to let you start your Bible Club, you are enabling future classes in your school (the kids who attend your school in the future) to also start a Bible Club.

Your impact could carry through your school for decades to come!

- Ed

Bill Clinton told your schools that you can start a Bible Club

That's right. Bill Clinton had the US Secretary of Education send a letter out to all the schools, telling them that they had to let you start a Bible Club in your school (as long as they allow non-curriculum clubs; for more info, click here).

Here's a quote from Bill Clinton:

"...Schools do more than train children's minds. They also help to nurture their souls by reinforcing the values they learn at home and in their communities. I believe that one of the best ways we can help out schools to do this is by supporting students' rights to voluntarily practice their religious beliefs, including prayer in schools.... For more than 200 years, the First Amendment has protected our religious freedom and allowed many faiths to flourish in our homes, in our work place and in our schools. Clearly understood and sensibly applied, it works."

President Clinton
May 30, 1998

--------------------------------------------------------------

And here is the full letter from the Secretary of the State:


Dear American Educator,
Almost three years ago, President Clinton directed me, as U.S. Secretary of Education, in consultation with the Attorney General, to provide every public school district in America with a statement of principles addressing the extent to which religious expression and activity are permitted in our public schools. In accordance with the President's directive, I sent every school superintendent in the country guidelines on Religious Expression in Public Schools in August of 1995.

The purpose of promulgating these presidential guidelines was to end much of the confusion regarding religious expression in our nation's public schools that had developed over more than thirty years since the U.S. Supreme Court decision in 1962 regarding state sponsored school prayer. I believe that these guidelines have helped school officials, teachers, students and parents find a new common ground on the important issue of religious freedom consistent with constitutional requirements.

In July of 1996, for example, the Saint Louis School Board adopted a district wide policy using these guidelines. While the school district had previously allowed certain religious activities, it had never spelled them out before, resulting in a lawsuit over the right of a student to pray before lunch in the cafeteria. The creation of a clearly defined policy using the guidelines allowed the school board and the family of the student to arrive at a mutually satisfactory settlement.

In a case decided last year in a United States District Court in Alabama, (Chandler v. James) involving student initiated prayer at school related events, the court instructed the DeKalb County School District to maintain for circulation in the library of each school a copy of the presidential guidelines.

The great advantage of the presidential guidelines, however, is that they allow school districts to avoid contentious disputes by developing a common understanding among students, teachers, parents and the broader community that the First Amendment does in fact provide ample room for religious expression by students while at the same time maintaining freedom from government sponsored religion.

The development and use of these presidential guidelines were not and are not isolated activities. Rather, these guidelines are part of an ongoing and growing effort by educators and America's religious community to find a new common ground. In April of 1995, for example, thirty-five religious groups issued "Religion in the Public Schools: A Joint Statement of Current Law" that the Department drew from in developing its own guidelines. Following the release of the presidential guidelines, the National PTA and the Freedom Forum jointly published in 1996 "A Parent's Guide to Religion in the Public Schools" which put the guidelines into an easily understandable question and answer format.

In the last two years, I have held three religious-education summits to inform faith communities and educators about the guidelines and to encourage continued dialogue and cooperation within constitutional limits. Many religious communities have contacted local schools and school systems to offer their assistance because of the clarity provided by the guidelines. The United Methodist Church has provided reading tutors to many schools, and Hadassah and the Women's League for Conservative Judaism have both been extremely active in providing local schools with support for summer reading programs.

The guidelines we are releasing today are the same as originally issued in 1995, except that changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in Boerne v. Flores declaring the Religious Freedom Restoration Act unconstitutional as applied to actions of state and local governments.

These guidelines continue to reflect two basic and equally important obligations imposed on public school officials by the First Amendment. First, schools may not forbid students acting on their own from expressing their personal religious views or beliefs solely because they are of a religious nature. Schools may not discriminate against private religious expression by students, but must instead give students the same right to engage in religious activity and discussion as they have to engage in other comparable activity. Generally, this means that students may pray in a nondisruptive manner during the school day when they are not engaged in school activities and instruction, subject to the same rules of order that apply to other student speech.

At the same time, schools may not endorse religious activity or doctrine, nor may they coerce participation in religious activity. Among other things, of course, school administrators and teachers may not organize or encourage prayer exercises in the classroom. Teachers, coaches and other school officials who act as advisors to student groups must remain mindful that they cannot engage in or lead the religious activities of students.

And the right of religious expression in school does not include the right to have a "captive audience" listen, or to compel other students to participate. School officials should not permit student religious speech to turn into religious harassment aimed at a student or a small group of students. Students do not have the right to make repeated invitations to other students to participate in religious activity in the face of a request to stop.

The statement of principles set forth below derives from the First Amendment. Implementation of these principles, of course, will depend on specific factual contexts and will require careful consideration in particular cases.

In issuing these revised guidelines I encourage every school district to make sure that principals, teachers, students and parents are familiar with their content. To that end I offer three suggestions:

First, school districts should use these guidelines to revise or develop their own district wide policy regarding religious expression. In developing such a policy, school officials can engage parents, teachers, the various faith communities and the broader community in a positive dialogue to define a common ground that gives all parties the assurance that when questions do arise regarding religious expression the community is well prepared to apply these guidelines to specific cases. The Davis County School District in Farmington, Utah,is an example of a school district that has taken the affirmative step of developing such a policy.

At a time of increasing religious diversity in our country such a proactive step can help school districts create a framework of civility that reaffirms and strengthens the community consensus regarding religious liberty. School districts that do not make the effort to develop their own policy may find themselves unprepared for the intensity of the debate that can engage a community when positions harden around a live controversy involving religious expression in public schools.

Second, I encourage principals and administrators to take the additional step of making sure that teachers, so often on the front line of any dispute regarding religious expression, are fully informed about the guidelines. The Gwinnett County School system in Georgia, for example, begins every school year with workshops for teachers that include the distribution of these presidential guidelines. Our nation's schools of education can also do their part by ensuring that prospective teachers are knowledgeable about religious expression in the classroom.

Third, I encourage schools to actively take steps to inform parents and students about religious expression in school using these guidelines. The Carter County School District in Elizabethton, Tennessee, included the subject of religious expression in a character education program that it developed in the fall of 1997. This effort included sending home to every parent a copy of the "Parent's Guide to Religion in the Public Schools."

Help is available for those school districts that seek to develop policies on religious expression. I have enclosed a list of associations and groups that can provide information to school districts and parents who seek to learn more about religious expression in our nation's public schools.

In addition, citizens can turn to the U.S. Department of Education web site (http://www.ed.gov) for information about the guidelines and other activities of the Department that support the growing effort of educators and religious communities to support the education of our nation's children.

Finally, I encourage teachers and principals to see the First Amendment as something more than a piece of dry, old parchment locked away in the national attic gathering dust. It is a vital living principle, a call to action, and a demand that each generation reaffirm its connection to the basic idea that is America -- that we are a free people who protect our freedoms by respecting the freedom of others who differ from us.

Our history as a nation reflects the history of the Puritan, the Quaker, the Baptist, the Catholic, the Jew and many others fleeing persecution to find religious freedom in America. The United States remains the most successful experiment in religious freedom that the world has ever known because the First Amendment uniquely balances freedom of private religious belief and expression with freedom from state-imposed religious expression.

Public schools can neither foster religion nor preclude it. Our public schools must treat religion with fairness and respect and vigorously protect religious expression as well as the freedom of conscience of all other students. In so doing our public schools reaffirm the First Amendment and enrich the lives of their students.

I encourage you to share this information widely and in the most appropriate manner with your school community. Please accept my sincere thanks for your continuing work on behalf of all of America's children.



Sincerely,



Richard W. Riley
U.S. Secretary of Education



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From:
http://www.ed.gov/Speeches/08-1995/religion.html


Check it out. It's legit. It's on the Department of Education's website.

- Ed

Step 1: CHECK TO SEE IF YOUR SCHOOL ALLOWS NON-CURRICULUM CLUBS

This is very crucial. Not all schools allow student organizations that are not DIRECTLY related to curriculum (a curriculum club would be like: Math Club, Spanish Club, FBLA, etc.)

Non-curriculum clubs are student groups that gather about topics that are not directly related to classes offered at the school. If you have a Chess Club, a Stamp Collectors Club, Red Cross meetings, a Robotics Club, or a Jewish Heritage group, then your school probably allows non-curriculum clubs (unless they have a class devoted to every one of those subjects).

ASK YOUR PRINCIPAL.
Almost all the schools allow non-curriculum clubs, so you might just want to prepare your material before you ask your principal. However, before you turn in your written request (Step 3), ask your principal.

It's the first thing you should say. You can arrange a meeting or stop on by and say, "Hello. Does our school allow non-curriculm clubs?" Then wait for an answer. If the principal says, "yes," then say, "Here's our request for a new club. We want to study and research the Bible." (Or something like that. Then hand your principal the formal letter of request. If they allow non-curriculum clubs, then they HAVE to accept your club.)

Here's why you should say this first... This is the only thing keeping you from legally starting a Bible club (except possibly for Step 2, getting a school faculty member to sponsor your club). So if your principal says they allow non-curricular clubs, then you've locked them into it. You never know if your principal is against the Bible and/or doesn't know the law in this manner. So it will build you the strongest case to get a confirmation before they know what you're doing. That way they can't really change their mind or argue the point if they allow non-curricular clubs. This is not deceiving them, as you are about to make the intention of the club known when you hand your principal your letter of request (Step 3).

The request should include the name of your sponsor (Step 2). Then you should also have your Mission Statement, Charter, and Statement of Faith all ready to go (all three are Step 4). So the next thing you should say, after handing your principal the request is, "Do you require a Mission Statement, Charter, or Statement of Faith?" Let your principal see that you have them all in your hands, ready to go. Let your principal know that you might know more about the process than they do (do this with your actions; don't say it). Then hand whatever documents to the Principal that they need.

The point is to be prepared and to travel down the path of least resistance. The point is not to act cocky or as if you deserve specific rights. Of course you do, but as Christians we were created to love others more than ourselves. Keep reading; we have more details in this warning below.


IF YOUR SCHOOL DOES ALLOW NON-CURRICULUM CLUBS, then the Equal Access Act guarantees your right to have a Christian club at your school. Your religious liberties to do this have been affirmed in court cases for many years.

IF YOUR PRINCIPAL SAYS NO TO YOUR CLUB, but they do allow other non-curriculum clubs, then print out two or more of the following documents we link to, and then hand them the documents. We recommend the first two: 1) the judge's ruling in California in September, 2008, and 2) the quote from Bill Clinton with the explicit letter from the US Secretary of Education...

Even this year (Sept, 2008), a federal judge ruled against a school in Anaheim, CA, that refused a Bible Club. The judge saw that the school held Red Cross meetings, and he ruled that they are, in fact, a non-curriculum club school, and they had to allow all non-curriculum clubs, including a Bible Club. So if your school allows any non-curriculum clubs, they have to let you meet.

Read about it here:

http://biblestudytraining.blogspot.com/2008/11/judge-rules-oc-high-school-cant-ban.html

Bill Clinton actually had a letter sent out by the US Secretary of Education, telling the schools that they have to allow Bible Clubs and other religious clubs (as long as they allow non-curriculum clubs):

http://www.ed.gov/Speeches/08-1995/religion.html

Or read it on our site:
http://biblestudytraining.blogspot.com/2008/11/bill-clinton-told-your-schools-that-you.html

IMPORTANT: We have some excellent Legal Fact Sheets that you can print out to take to your principal if there is opposition to your right to have a Christian Student Organization. Please print out a few copies of these and give one to your school administration, and file one away for your club. DO NOT DEMAND YOUR RIGHTS, but humbly make them known. It is not a good testimony for the Lord to have Christians demanding things or threatening lawsuits. A humble attitude will open a lot more doors.

You shouldn't say: "See. It's my right to start a club! You have to let me do it!!!"

You should say: "Please read this ruling in California from September 2008, this quote from President Clinton, and this letter written to teachers and principals from the US Secretary of Education. I also included the links on the pages that go to the legitimate sources."

Be direct but tactful and gentle. This is your chance to witness to your principal and the staff through your behavior. Give them a reason to respect and not despise you.

MORE RESOURCES:

1. Letter for Principal Outlining Your Rights or click here.
2. LEGAL FACTS LETTER
3. Sample School Board Policy Regarding Religion
4. The Rutherford Institute's legal sheet to school superintendents


Some of the above information was from (now closed down):

http://www.defendyourfaith.com/started-how-to.htm


IF YOUR REQUEST IS DENIED, even after you present proof that the law allows you to start a Bible club, and your school does allow one or more existing non-curriculum club to meet at school, then read the following article with resources you can go to for free legal representation:

http://biblestudytraining.blogspot.com/2008/11/if-your-request-is-denied-and-your.html

Thanks!

- Ed