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Charlie Team Page

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Charlie Team - Case Study #2

Group members

Jennifer Kuehn jen96k@yahoo.com
Kristin Holmberg kristin.holmberg@risd41.org
Anna Lorenz anna.lorenz@risd41.org
Janet Lockhart-Johnson ladyjj2001@yahoo.com
Joe Mowen joe.mowen@risd41.org
Karen Martinek-Anger angerkr@yousq.net

Our Purpose in creating this WIKI

Our team will take a closer look and investigate ways that free speech and the separation of church and state have made an impact on the ways our schools operate. We will address The Pledge of Allegiance, Holiday Celebrations, Pre and Post Game Prayer, School Calendars and show how these areas may be addressed, through policy and procedures in a student handbook at the Middle School level (A large population of students attending are of the Jehovah Witness congregation). Our PowerPoint presentation will give an overview of all these areas to an audience of educators, coaches and administrators.

Holiday/Celebrations-Janet

Holidays with both religious and secular bases maybe observed. Music, art, literature, and drama may be included in the curriculum if presented in a prudent and objective manner and only as a part of the cultures and religious heritage of the holidays. Religious symbols may be used only has a teaching aid and or resources only if they are displayed as a part of the cultural and religious heritage of the holiday and are temporary in nature.

Resources:

About.com

http://atheism.about.com/library/decisions/religion/bl_l_Bauchman v West High.htmBauchman v West High

http://atheism.about.com/library/decision/holidays/blede_LynchDonnelly.htmLynch v Donnelly

http://en.wikipedia.org?wiki/Lynch_v._DonnellyLynch v Donnelly

http://www.atlaw.orgLaw cases

http://www.becketfund.orgWebsite protecting the free expression of all religious tradition

School Calendars-Anna

As I have been looking through school calendars there is little addressing holidays and celebrations for the middle school population except for following a districts guidelines on breaks or federally recognized holidays. Exceptions include celebrations that are held after regular school hours such as Washington's Halloween Dance. When it comes to elementary grades it is very different, but am not inlcuding that since we had decided to go with older age groups.

additional Jehovah Witness website--it compares the religion to other religions

http://www.contenderministries.org/jehovahswitnesses/comparison

http://www.contenderministries.org/jehovahswitnesses/comparison.php

The December Dilemma-December Holiday Guidelines for Public Schools

http://www.adl.org/issue_education/december_dilemma_2004/default.asp?m_flipmode=1

http://www.adl.org/issue_education/december_dilemma

Rock Island Milan K-12 District Calendar (is given to every teacher in each school with all the schools yearly events listed)

video clip that talks about a muslim mother asking that Ramadan be celebrated along with other holidays in Oak Lawn Schools

http://cbs2chicago.com/video/?id=35976@wbbm.dayport.com

*New site I found that gives lots of info on school holidays and celebrations and court rulings that relate to them. Also gives a guideline for schools and districts to consider or use. Good one to look at....

http://www.aclj.org/Media/PDF/School Holiday Celebrations Information Letter2006.pdf

Pledge of Allegiance-Kristin

The most recent ruling:

West Virginia State Board of Education v. Barnette (1943)

West Virginia required both students and teachers to participate in saluting the flag during exercises at the beginning of each school day as part of a standard school curriculum.

Failure on the part of anyone to comply meant expulsion - and in such a case the student was considered illegally absent until they were allowed back. A group of Jehovah's Witness families refused to salute the flag because it represented a graven image they could not acknowledge in their religion and so they filed suit to challenge the cirriculum as a violation of their religious liberties.

With Justice Jackson writing the majority opinion, the Supreme Court ruled 6-3 that the school district violated the rights of students by forcing them to salute the American flag.

This decision reversed the Court's judgement three years prior in Gobitis. This time, the Court recognized that it was a serious violation of individual liberty to force an individual to give a salute and thereby assert a belief contrary to one's religious faith.

Although the state might have a certain amount of interest in having some uniformity among students, this wasn't enough to justify forced compliance. Even minimal harm which might be created by lack of compliance was not judged as great enough to ignore the rights of the students to exercise their religious beliefs.

Resources/Links:

Should the words "under God" be in the US Pledge of Allegiance?

http://undergod.procon.org/

Argument in favor of Reinstating the Pledge of Allegiance in Schools

http://www.veteran.com/content/argument-favor-reinstating-pledge-allegiance-schools

Pledge of Allegiance Resources: Information, History, Arguments on Under God

Why a Religious Pledge of Allegiance is Wrong and How Defender's Arguments Fail

http://atheism.about.com/od/pledgeallegiance/tp/PledgeAllegianceResources.htm

Defending "Under God" - Defending & Justifying "under God" in the Pledge

How to Counter Arguments Defending "under God" in the Pledge of Allegiance

http://atheism.about.com/od/pledgeallegiance/tp/UnderGodPledgeAllegiance.htm

What's Wrong with Pledging Allegiance, Under God?

It's Immoral & Unconstitutional to keep "Under God" in the Pledge of Allegiance

http://atheism.about.com/od/pledgeallegiance/tp/PledgeUnderGodImmoral.htm

Pre and Post game prayers-Joe

The most recent ruling in 2000 (Santa Fe v. Doe) said that student led prayer sponsored by the school over the PA system is not allowed before or after football games. Voluntary pre or post game prayer led by students that is not school sponsored is still allowed.

Here are some links and resources:

Site with good resources on religion in History Classes

http://www.ericdigests.org/1994/religion.htm

A site with some good quotes and opinions from a variety of different groups on the issue of prayer as well as a broad range of topics within school prayer.

http://www.religioustolerance.org/ps_pray.htm

Arguments for both sides of School prayer debate

http://www.itvs.org/schoolprayer/issue2.html

Two articles dealing with Santa Fe. V. Doe

http://www.cbsnews.com/stories/2000/06/19/backtoschool/main207164.shtml

http://archives.cnn.com/2000/LAW/06/19/scotus.schoolprayer.01/index.html

Website dealing with Coaches right to pray with team

http://www.firstamendmentcenter.org/news.aspx?id=19931

ESPN Outside the Lines on prayer at high school football games

http://sports.espn.go.com/page2/tvlistings/show23transcript.html

Good website on overview of changes in school prayer in our nations history. http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=school_prayer

Timeline of Important Cases regarding school prayer leading up to no pre or post game prayers.

1962 Engel v. Vitale - Beginning a school day with prayer led by a staff member each day is unconstitutional.

1963 Abington Township SD v. Schempp - prohibited school officials from organizing or leading prayers or bible readings in public schools. Requires teachers neither promote or prohibit any particular religion.

1985 - Wallace v. Jaffree - Moment of silence with the purpose of meditation or voluntary prayer was unconstitutional because it didn't have a secular purpose.

1992 - Lee v. Weisman - It is unconstitutional to have a layperson lead a prayer at graduation because it is a school-sponsored event.

2000 Santa Fe v. Doe - Students may not lead prayer over the PA system at football games for public schools. Students were asked to lead the prayer by the school so it was a school sponsored prayer.

2001 - Lower Court Decision - Alder v. Duval - if a school uses neutral criteria and the speaker is given a truly open forum then a prayer by that student would be the students freedom of speech. If the school reviews the speeches in anyway, then it would not be allowed because the school is sponsoring it. Cole v. Oroville Union High School District in 2000 is another lower court case dealing with this issue.

In the future - Other moment of silence cases are sure to come as some states have made laws requiring a moment of silence before school. The question is whether these have a secular purpose or not and so far the Supreme Court has not made a ruling on these "secular" moments of silence.

Jehovah Witness-Karen

These two websites will assist members of the community with understanding of the Jehovah's Witness faith and beliefs.

http://www.bbc.co.uk/religion/religions/witnesses/

http://www.religionfacts.com/jehovahs_witnesses/beliefs.htm

Parents, students, and teachers can access and download pamphlets and information from these websites in regards to public schools and religion.

Pamphlet for parents and students:

http://www.freedomforum.org/publications/first/religioninpublicschools/parentsguidereligion.pdf

Teacher's guide:

http://www.firstamendmentcenter.org/PDF/teachersguide.PDF

General religion and school information from President Clinton

http://www.ed.gov/Speeches/08-1995/religion.html

Additional sites about issues:

http://sports.espn.go.com/sports/news/story?id=2188313

http://www.acsblog.org/religion-clauses-public-school-football-coach-cannot-join-players-in-prayer-says-appeals-court.html

http://www.aclu.org/religion/gen/16037res20020311.html

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/schoolprayer.html

http://www.firstamendmentschools.org/freedoms/religiouslibertycases.aspx

lists lots of court cases associated with religion and schools

http://www.firstamendmentschools.org/freedoms/religiousliberty.aspx

provides question/answer section associated with religion and schools

http://www.firstamendmentschools.org/about/aboutindex.aspx

good site associated with school related first amendment rights

Handbook

Revised Handbook Recommendations to Administration: Charlie Team Handbook Ideas

First Draft Handbook Recommendations to Administration: Charlie Team Handbook Ideas

Handbook Statement:

Students will be offered the opportunity to recite the Pledge of Allegiance to the United States Flag at least once during each school day. Participation in reciting the Pledge of Allegiance will be voluntary. Students may refuse to participate in reciting the Pledge of Allegiance for any reason, including religious, political, philosophical or personal reasons. If a student chooses not to participate, he/she may stand or sit in silence.

Here are some Ideas for the Holiday/Celebrations section: Please add, delete, change as you feel necessary. Thanks-- Anna

The public school system tries to promote greater tolerance and understanding among students of different cultures, traditions, and religious beliefs and still follow the guidelines set forth in the First Amendment. The _________ School District will follow certain guidelines to ensure that our schools celebrate the various holiday seasons/celebrations that our families may recognize in a way that is favorable to all of our students and families.

Teaching of Religious Holidays: The public School system may teach about various religions; however, may not observe specific religious holidays. Students can gain understanding of and respect for different cultures and beliefs when they are taught about them in the safe school setting. No one culture or religion will be addressed, instead traditions of numerous cultures or religions will be explored.

Holiday Assemblies: Public assemblies are allowable, as long as they are "presented objectively as part of the school's educational program." Religious portions of a program are allowed as long as they are only a small portion of the assembly and do not "push or promote" a certain religious viewpoint. In addition, school sponsored activities that include religion or cultural concepts will include more than one religion (religious songs, etc.) in the assembly. Students are allowed to opt out of any activity, which they may find offensive without adverse effect to them.

Decoration of School Property/Classrooms: Classrooms and public areas of schools may be decorated as long as the decorations do not endorse or favor one religion or culture over another. Schools will represent and encourage understanding of the diversity of the seasons and various cultures and will avoid using religious symbols that have specific religious meanings. Teachers or schools will not show preference to any one religion or culture.

Additional Resources

http://www.ffrf.org/nontracts/schoolprayer.php

parent’s guide to religion in public schools

http://www.fac.org/about.aspx?id=6253

religious liberty in public schools

http://www.firstamendmentcenter.org/rel_liberty/publicschools/faqs.aspx?faq=all

Powerpoint-Jennifer

PowerPoint--CHARLIE.ppt

Individual--case briefing

Joe Mowen Case Brief: Santa Fe Independent School District v. Doe

http://sclawsum07.pbwiki.com/f/Joe%20Mowen%20EDL%20517%20Case%20Brief.doc

Karen Anger Case Brief: Borden v. New Brunswick