Yesterday, the U.S. Department of Education issued a 9-page "Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools" (full text). An accompanying Press Release included this summary:
Key Points of the Guidance:
- Students, teachers, and other school officials have a right to pray in school as an expression of individual faith, as long as they’re not doing so on behalf of the school.
- Public schools may not sponsor prayer nor coerce or pressure students to pray. For example, a school principal may not lead a prayer at a mandatory school assembly.
- Public schools can regulate student speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others.” For example, a student can’t pray out loud during math class in a way that prevents others from learning, provided such disruptions are handled consistently with other forms of speech.
- Religious speech should be treated the same as secular speech. For example, an essay with religious content should be graded by the same academic standards as a secular essay of similar quality.
- Religious student organizations should likewise be treated the same as secular student organizations. For example, if a school offers support or recognition to secular student clubs, it must provide the same support to religious student clubs.
