Classsroom Norms
Can teachers be excused from saluting the flag?
Yes, if their objections are based on religion or conscience.
A New York high school teacher was let go for not participating in the daily flag ceremony, despite her standing silently and respectfully. The U.S. Supreme Court allowed this, reasoning that they cannot force the loyalty of citizens.
Must schools pay teachers for religious Holiday Leaves?
No! Local district policies dictate teacher's days off / paid days off. There is no law requiring districts to pay them for holidays.
The Court ruled that state-required Bible reading or prayer is acceptable if it is apart of the curriculum.
False! Public schools cannot require prayer and requiring it as apart of curriculum violates the Establishment Clause.
Do teachers have to facilitate the pledge of allegiance in their classroom?
Yes, if is it written into the state's education law.
According to Massachusetts law, "any attempt by a governmental authority to induce belief is an ideological conviction by forcing an individual to identify himself with that conviction through compelled expression of it is prohibited by the First Amendment." Schools still require the recitation of the Pledge.
True or False: Teacher's freedom of religion will be protected even if the number of special holidays taken seems excessive to school officials.
True! (Within limits?)
True or False: In the eyes of the court, the Pledge is a patriotic, nonreligious exercise, and that the effect of the recitation was neither to advance or inhibit religion.
True!
Can teachers wear distinctive religious clothing in public schools?
It depends.
The courts typically treat this as a violation of the Establishment Clause.
In another lawsuit under Title VII a Pennsylvania ruled that a Muslim third grade counselor could not be prohibited from wearing his head cover.
Another case, a teaching assistant was suspended for wearing a small cross necklace. The case was dismissed because the court decided the necklace did not disrupt education.
A teacher requested a paid "personal necessity leave," to observe a Jewish holiday. What was the court's ruling?
The court found that the school should have discretion to adopt rules to cover such requests, but honored the districts decision to deny the request for paid leave.
True or False: Public School graduation ceremonies can include a prayer because they are a voluntary event.
False: Even if students are not required to attend graduation and the prayer is not tied to a specific religion, the school is still putting pressure on students to take part in a religious activity. Because the school is organizing the event, it can appear that the government is supporting religion, which violates the Establishment Clause.
Can a teacher refuse to follow curriculum because of religious apprehensions?
No- a kindergarten teacher and a member of Jehovah's Witnesses and informed the principal that because of this, she would not teach about patriarchy.
The court commented that "the First Amendment was not a teacher license for uncontrolled expression at variance with established curricular content."
A teacher and member of the WorldWide Church of God and requested certain days off for religious holidays. The school denied his request because they believed a substitute teacher would not provide the quality of instruction necessary, yet the teacher did not show up those days anyway. Who's favor did the court rule?
The court ruled in favor of the teacher by California Constitution's provision protecting freedom of religion. Teacher's religious belief's must be accommodated, despite the inconvenience/disruption to schools.
An atheist minister claimed that having his daughter recite the Pledge was religious indoctrination. How did the court rule in this case?
The court originally ruled in the minister's favor but the Supreme Court ultimately dismissed the case because the minister was not married to his daughter's mother. Therefore he did not legal custody or standing over his daughter or the violation of her rights.
A New York kindergarten teacher, told the parents of her students that she could no longer lead certain activities or participate in certain projects because these were “religiously oriented” according to her newly acquired faith of Jehovah’s Witnesses. She could not decorate the classroom for holidays, coordinate a gift exchange during the Christmas season, sing “Happy Birthday,” or recite the Pledge of Allegiance. When some parents and school officials wanted to dismiss her, the teacher insisted that she was competent to teach and that the First Amendment protected her from participating in activities forbidden by her religion. Does the first amendment protect her right to opt-out of activities that are forbidden in her religion?
Yes! The court ruled in the teacher's favor. Given that the teacher still taught the necessary curriculum, it was deemed that her religious beliefs did not disrupt the students education.
A Muslim teacher had to take off 10 consecutive Fridays to attend traditional Islamic prayer ceremonies.
Did the school recognize this as a justifiable reason for paid leave? Did the court rule in the teachers favor?
The court ruled that the teacher can use their personal paid time off for whatever they deem necessary, though additional days would not be paid.
The California court accommodated the teachers request and explained that their job would be protected. A teacher is not forced to choose between his religion and his employment.
Can Public Schools Start the Day with Prayers if they have parent permission?
No. Even with parent permission, public schools cannot lead or sponsor prayers at the start of the school day because school-sponsored prayer violates the Establishment Clause of the First Amendment. Parent permission does not make a school-led prayer constitutional.