Legal Leeway on Church-State in School

School Administrator, Jan, 1999 by Oliver S. Thomas

Schools routinely grant parental requests to opt out of such things as sex education, Halloween parties or selected reading assignments. Students should not be punished academically for making such requests, and meaningful alternative assignments should be given. Not all excusal requests are feasible, however. Some, such as a request to opt out of all discussions about religion, may be impossible to grant without disrupting the classroom and the curriculum.

In some cases, schools may wish to consider an opt-in policy, particularly for activities parents are more likely to find objectionable. For example, many parents do not allow their children to watch R-rated movies. If while studying a unit on the Holocaust a school wishes to show excerpts from the movie Schindler's List, teachers would be wise to send an explanatory note home with students including a parental permission form. Other schools have chosen to require parental permission for extracurricular activities, such as sports and student clubs.

Most parents appreciate being given a greater degree of control over their children's education and will respond favorably to a school or district's willingness to defer to their judgment on such matters. Students may appreciate the fact that the stigma associated with opting out may be alleviated by the use of opt-in policy.

* Distribution of Religious Literature: Most courts now hold that students have the right to distribute religious literature on public school campuses subject to reasonable time, place and manner restrictions imposed by the school. At least two federal district courts have allowed outside groups such as the Gideons to place materials in a public school as long as other community groups are given similar privileges. These printed materials can be placed in a rack or upon a table with a disclaimer indicating that they are not sponsored or endorsed by the school. Only passive distribution is permitted, however, and no outside adult should be allowed to come onto campus and hand out the materials.

School districts that wish to avoid opening their schools to all outside groups may simply inform organizations like the Gideons that they may distribute their materials on the sidewalk just beyond school property.

* Religious Holidays: While having made no definitive ruling on religious holidays in the schools, the Supreme Court let stand a lower federal court decision stating that recognition of holidays may be constitutional if the purpose is to provide secular instruction about religious traditions rather than to promote the particular religion involved. This includes the use of religious music and symbols as long as they are part of the academic program.

Students who for religious reasons ask to be excused from classroom discussions or activities related to particular holidays should be accommodated whenever possible. Similarly, students who need to be absent from school to celebrate their own religious holidays should be granted a reasonable number of excused absences.