Religion in Public Schools

Issues involving religion in public schools remain highly controversial and politically charged. Students have the same right to engage in prayer during the school day as they do to engage in any other comparable activity. Public schools may teach about religion, provided that they do not promote any religion or allow religious instruction by outsiders on school premises during the school day. Federal policy makers struggle to balance the desire to expand the participation of religious-based organizations in federally funded social services with the need to fund high-quality programs and the constitutional demands for the separation of church and state.

Issues involving religion in the public schools remain highly controversial and politically charged. To resolve confusion regarding religious expression in our nation’s public schools, the U.S. Department of Education developed guidelines for school officials, teachers, students, and parents on the important issue of religious freedom consistent with constitutional requirements. The guidelines are drawn from Religion in the Public Schools: A Joint Statement of Current Law, developed in 1995 by 35 religious groups. 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. Some of the guidelines are summarized below.

The U.S. Constitution does not prohibit purely private religious speech by students. Students have the same right to engage in prayer and religious discussion, and distribute religious literature during the school day as they do to engage in other comparable activity. The right to engage in voluntary prayer or religious discussion does not, however, include the right to have an audience listen or to compel other students to participate. School officials may not mandate or organize prayer. Teachers and school administrators, when acting in those capacities, are representatives of the state and are prohibited from soliciting or encouraging religious activity, and from participating in such activity with students.

Public schools may teach the history of religion, comparative religion, scripture-as-literature, and the role of religion in the history of the United States and other countries. Similarly, it is permissible to consider religious influences on art, music, literature, and social studies. Students may also express their beliefs about religion in the form of homework, artwork, and other written and oral assignments. Such work should be judged by ordinary academic standards of substance and relevance, however, and not based on the religious content. Although public schools may teach about religious holidays, including their religious aspects, and may celebrate the secular aspects of holidays, schools may not observe holidays as religious events or promote such observance by students. When state law permits, schools have the discretion to excuse students for off-premises religious instruction, provided schools do not encourage or discourage participation or penalize those who do not attend. Schools may not allow religious instruction by outsiders on school premises during the school day.

The federal Equal Access Act, passed in 1984, was designed to ensure that student religious activities are accorded the same access to public school facilities as student secular activities. If a school generally allows private groups to use their building for meetings and other events, it must it must make its facilities available to religions organizations on the same basis. A school must also allow student groups meeting under the Act to use the school media¾including the public address system, the school newspaper, and the school bulletin board¾to announce their meetings in the same manner as other noncurriculum-related student groups. A meeting may include a prayer service, Bible reading, or other worship exercise.

“Charitable choice” is a provision that has been included in several federal social and educational programs in an effort to “level the playing field” for religious organizations seeking federal grant funds. Neither religious nor secular organizations can discriminate against people who want to access the grant-funded service or program.  Efforts to apply the “charitable choice provision” to federal programs is controversial, particularly with regard to the ability of the religious organization to discriminate in its hiring practices and ensuring that the quality of services meet objective professional standards.

An offshoot of the “charitable choice” laws is the President’s Faith-Based Initiative. Through this Initiative, President Bush has strengthened his commitment to expanding federal funding opportunities for religious organizations to provide a social and educational programs and services. Ten federal agencies have eliminated barriers that substantially inhibit faith-based organizations from seeking federal aid to provide social services. Through regulatory changes, streamlining application and reporting procedures, the provision of technical assistance and other efforts, these federal agencies are reaching out to religious organizations that have the capacity to provide social and educational services. Congress and the Administration continue their struggle to balance the desire to expand the participation of religious-based organizations to the federally supported network of social services with the desire to fund high quality programs and the demands of our constitution for the separation of church and state. In that struggle, legislation is periodically introduced that raises controversy and concern. Each legislative effort to expand “charitable choice” and the Faith-Based Initiative needs to be evaluated individually.

In 2004, the U.S. Department of Education issued regulations designed to ensure that faith-based organizations can compete for grants and contracts on the same basis as secular organizations desiring to provide the same services. While the organization cannot discriminate against service recipients based on their religious beliefs, it can require employees to adhere to the organization’s religious beliefs. Read the full text of the Federal Register notice announcing these final regulations.

National PTA supports the right of children to pray but opposes mandatory or organized prayer or religious worship at official public school functions, whether led by a school official or student. National PTA supports moments of silence provided that their intent and implementation not favor religious over secular practice, and that policies that protect against coercion or harassment of students based on their decisions to engage in or refrain from prayer or any other permitted activity be implemented.

National PTA supports instruction about religion, but believes that public schools should not engage in religious faith instruction. National PTA supports equal access to school facilities and believes that all student clubs should be permitted to meet at school, and to have equal access to campus media to announce their meetings.

National PTA opposes government funding of organizations that discriminate based on religion in employment or delivery of services, including by making religious instruction, worship, or proselytization part of their services or program.

Talking Points

• The U.S. Constitution does not prohibit purely private religious speech by students. The right to engage in voluntary prayer or religious discussion does not include the right to have an audience listen or to compel other students to participate.
• Public schools may teach about religion, but may not instruct children in religious worship or allow religious instruction by outsiders on school premises during the school day.
• The federal Equal Access Act requires that schools that open their facilities to private groups make those facilities available to religious organizations on the same terms.
• Caution is needed in extending the Charitable Choice provision to additional federal programs. Legislation must ensure that organizations receiving federal funds are fiscally and programmatically accountable and do not engage in employment discrimination or use federal funds to conduct religious instruction, worship, or proselytize.