Key Terms
a model of communication that may lead to the types of school cultures based on effective communication, collaboration, and mutual agreement
What is Discourse ethics?
In response to public pressure and lobbying by Christian groups.
The law applies only to public secondary schools that allow non curricular clubs to meet outside of the school day or during other non instructional time.
What is Equal Access Act - (20 U.S.C. 4071-74) passed in 1984?
The Court made it clear that study about religion, as distinguished from espousing or sponsoring religious expression, is constitutional. In other words, teaching about religions objectively or neutrally to educate students about a variety of religious traditions is permissible.
What is Abington Township School District v. Schempp (1963)?
ensures that noncurricular student groups are afforded the same access to public secondary school facilities as other, similarly situated student groups.
What is Equal Access Act?
True or False - all 50 states have authorization or legislation regarding moments of silence?
False
At least 35 states have legislation authorizing or requiring a moment of silence, meditation, or reflection at the beginning of each school day (Education Commission of the States, 2000)
The U.S. Supreme Court invalidated an Arkansas law that forbade the teaching of evolution in public schools
What is Epperson v. Arkansas (1968)?
requires neutrality from government (state legislative bodies, school employees, and school boards) and prohibits public school advancement of religion
What is Establishment Clause?
this is an example of one group being denied an activity based on their religious viewpoints
What is viewpoint discrimination?
The use of Title I funds to pay salaries of parochial school teachers violated the Establishment Clause
What is Aguilar v. Felton (1985)?
prohibits school officials from interfering with religious expression
What is Free Exercise Clause?
An example of equal access - the court case that held that ‘intelligent design’ was a form of creationism and therefore unconstitutional.
What is Kitzmiller v. Dover Area SD (2005)?
In partially overruling Aguilar v. Felton, the Court found that it was not a violation of the Establishment Clause to use federal Title I funds to allow public school teachers to teach at religious schools. The instructional material must be secular and neutral in nature, and no “excessive entanglement” between religion and public schools was apparent.
What is Agostini v. Felton (1997)?
singling out a particular opinion or perspective on that subject matter for treatment unlike that given to other viewpoints.
What is Viewpoint discrimination?
The crux of the problem in balancing these two imperatives is this: Enforcing one clause often seems to violate the other.
(Stader pg. 34)
What are the establishment clause and free exercise clause?
The Court held that it is viewpoint discrimination when school districts by policy or practice allow non-sectarian groups to use school facilities and disallow religious groups’ equal access. The Court was very careful to point out, however, that not all speech is protected in a limited open forum.
What is Good News Club v. Milford Central School (2001)?