Here is the PowerPoint - Enjoy! Karla
The website looks awesome - Alicia
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The following are deadlines that were discussed on 6/28/2008. If you are having difficulties, please let me know or the team members and we will help out whereever needed.
- July 12th, 2008 - all articles and entries on website
- July 15th, 2008 - Powerpoint completed and edited by team members for final draft on 7/17/2008
- July 19th, 2008 - Presentation - Given by???
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Purpose of Case Study #2
The team will address holiday celebrations, the Pledge of Allegiance, and pre-game prayers. It will be completed as an elementary focus with a strong community of support that has a significant Jehovah Witness congregation.
Holiday Celebrations
Religious Holidays In Public Schools. Information compiled by a LARGE group of organizations for schools. This site gives definitions, suggestions, provides a brief legal analysis, steps a district should take, and contacts. Excellent Info
http://www.freedomforum.org/publications/first/findingcommonground/B08.Holidays.pdf Lisa
I found an article about the meaning of legal holidays. You might find helpful. Lori
http://www.lib.niu.edu/1988/im880321.html
I found this information from freedomforum.org... ~Cheryl (7-12-08)
What steps should school districts take?
In a pluralistic society, public schools are places for persons of all faiths and none. Schools
may neither promote nor denigrate any religion. In order to respect religious liberty and
advance education, we recommend that each school district take the following steps:
1. Develop policies about the treatment of religious holidays in the curricula and inform
parents of those policies.
2. Offer pre-service and in-service workshops to assist teachers and administrators in
understanding the appropriate place of religious holidays in the schools.
3. Become familiar with the nature and needs of the religious groups
in the school community.
4. Provide resources for teaching about religions and religious holidays
in ways that are constitutionally permissible and educationally sound.
~~~
Religious Holidays and Public Schools: A Brief Legal Analysis
Although many controversies have arisen over religious holidays in public schools, the
case law is scant. Because the Supreme Court has not ruled on the issue, there are no
final or definitive answers.
The high court has ruled, however, that the government may not erect an explicitly
religious symbol (such as a creche or menorah) unless it is part of a larger “secular”
holiday display.
reindeer test” — referring to the nonreligious symbols that must accompany the
display. Interestingly, a majority of the justices has stated that Christmas trees, unlike
creches and menorahs, have attained a secular status in our society and can be
displayed standing alone. This does not mean that schools should erect Christmas
trees during the holiday season, but only that they probably can. Many Americans
continue to view Christmas trees as religious symbols, and for this reason schools may
wish to be more sensitive than the law requires. The Court also has acknowledged
approvingly that Christmas carols are frequently sung in public schools.
One federal appeals court has addressed the recognition of religious holidays by
public schools. The decision,
district’s policy and was allowed to stand by the U.S. Supreme Court. It is frequently
cited as the controlling case on this controversial issue.
policy were as follows:
It is accepted that no religious belief or nonbelief should be promoted by the school
district or its employees, and none should be disparaged. Instead, the school district
should encourage all students and staff members to appreciate and be tolerant of
each other’s religious views .... In that spirit of tolerance, students and staff members
should be excused from participating in practices which are contrary to their religious
beliefs unless there are clear issues of overriding concern that would prevent it.
The Sioux Falls School District recognizes that one of its educational goals is to
advance the students’ knowledge and appreciation of the role that our religious
heritage has played in the social, cultural and historical development of civilization…
The practice of the District shall be as follows:
1. The several holidays throughout the year which have a religious and a
secular basis may be observed in the public schools.
2. The historical and contemporary values and the origin of religious
holidays may be explained in an unbiased and objective manner without
sectarian indoctrination.
3. Music, art, literature and drama having religious themes or bases are
permitted as part of the curriculum for school-sponsored activities and
programs if presented in a prudent and objective manner and as a traditional
part of the cultural and religious heritage of the particular holiday.
1 Many have criticized the Court’s ruling, describing it as the “plasticFlorey v. Sioux Falls School District, upheld the school2 The relevant portions of the
Finding Common Ground: A Guide to Religious Liberty in Public Schools
Religious Holidays in
8
the Public Schools
110
CONTINUED
4. The use of religious symbols such as a cross, menorah, crescent, Star of
David, creche, symbols of Native American religions or other symbols
that are a part of a religious holiday is permitted as a teaching aid or
resource, provided such symbols are temporary in nature. Among these
holidays are included Christmas, Easter, Passover, Hanukkah, St.
Valentine’s Day, St. Patrick’s Day, Thanksgiving and Halloween.
5. The school district’s calendar should be prepared so as to minimize
conflicts with religious holidays of all faiths.
3
It is important to note that the Sioux Falls policy was permissible, not required. A
better policy might have included more non-Christian holidays such as Rosh Hashana,
Ramadan and Yom Kippur. Moreover, particular practices and activities under such a
policy, such as Nativity pageants and reenactments of the Hanukkah miracle, might
still be unconstitutional.
Any teacher or administrator should ask herself the following questions as she plans
holiday activities:
1. Do I have a distinct educational purpose in mind? If so, what is it? It should
not be the purpose of public schools to celebrate or observe religious
holidays.
2. If I use holidays as an opportunity to teach about religion, am I balanced and
fair in my approach? If I teach about Christmas and Easter, for example, do I
also teach about non-Christian holidays?
3. Does the planned activity have the primary effect of advancing or inhibiting
religion? Does it, for example, promote one faith over another or even
religion in general? Remember that the school’s approach should be
academic, not devotional. It is never appropriate for public schools to
proselytize.
A common misconception is that it is permissible to promote Christianity at
Christmas, provided that other religions receive similar treatment at other times. For
example, some teachers may try to justify celebrating Christmas by celebrating
Hanukkah. This approach is wrong. First, Hanukkah is not a major Jewish holiday and
should not be equated with Christmas, one of the two most important holidays in
the Christian year. Second, one violation of the First Amendment does not justify
another. If it is wrong to promote religion in the public schools at Christmas, it is
wrong every other day of the year. Instead of “balancing” Christmas with Hanukkah,
teachers should work to ensure that all holiday activities focus on objective study
about religion, not indoctrination.
We have discussed what schools should and shouldn’t do regarding religious
holidays, but what about the school’s duty to accommodate students and teachers
who wish to observe religious holidays on their own time? What obligation do
schools have to accommodate these concerns?
Religious Holidays in the Public Schools
Religious Holidays in
the Public Schools
8
111
CONTINUED
Schools are not required to close on a particular religious holiday but may
choose to do so as a matter of administrative convenience as, for example,
when large numbers of students are likely to be absent. When schools choose
not to close on particular holidays, conflicts may arise. Most states have laws
permitting a certain number of excused absences for religious holidays. Where no
statutory exemption exists, the First Amendment’s Free Exercise clause would seem
to require a reasonable number of excused absences for such religious observance.
4
In no event should a student be penalized for being absent from school to observe
religious holidays.
A slightly different rule applies to teachers who wish to be absent to observe
religious holidays. Title VII of the Civil Rights Act of 1964 requires school boards to
make “reasonable accommodation” of their employees’ religious needs. School
boards may offer any accommodation that is reasonable, however, and are not
required to accept the accommodation proposed by the employee.
schools are not required to accommodate an employee’s religious needs if doing so
would cause “undue hardship” on the employer, such as disturbing the board’s
collective-bargaining agreement with the teachers’ union or imposing more than
5 Moreover,
de minimis
provide teachers with extra days off with pay in order to observe religious holidays.
Schools that provide employees with paid “personal” days, however, should not be
allowed to deny their use for religious observances.
costs on the employer.6 Courts have split over whether schools may
The Authors
Endnotes
1
Lynch v. Donnelly, 465 U.S. 688 (1984); County of Allegheny v. American Civil Liberties Union,
492 U.S. 573 (1989).
2
See e.g. Johnson v. Shiverman, 658 S.W. 2d. 910 ( Mo.App. 1983).
3
619 F.2d. 1311 (8th Cir.1980).
4
aff’d 670 F.2d. 46 (5th Cir. 1982).
See e.g. Church of God v. Amarillo Independent School District, 511 F.Supp. 613 (N.D. Tex. 1981),
5
Ansonia Board of Education v. Philbrook, 479 U.S. 60 (1986).
6
T.W.A. v. Hardison, 432 U.S. 63 (1977); Estate of Thornton v. Caldor, 472 U.S. 702 (1985).
Finding Common Ground: A Guide to Religious Liberty in Public Schools
Religious Holidays in
8
the Public Schools
112
~~~
Tips for Planning Religious Holidays in Public Schools
Before planning a religious holiday activity in a public school,
ask the following questions:
1. Is this activity designed in any way to either promote or inhibit religion?
2. How does this activity serve the academic goals of the course, or the
educational mission of the school?
3. Will any student or parent be made to feel like an outsider,
not a full member of the community, by this activity?
4. If in December: Do we plan activities to teach about religious holidays at
various times of the year or only in December?
5. Are we prepared to teach about the religious meaning of this holiday
in a way that enriches students’ understanding of history and cultures?
Pledge of Allegiance
News Articles:
http://www.slate.com/?id=2067499
http://history.vineyard.net/pledge.htm
Court Cases:
http://atheism.about.com/library/decisions/religion/bl_l_MinersvilleGobitis.htm
Videos:
Red Skelton's Pledge of Allegiance
http://www.youtube.com/watch?v=Kfz2XDXaeqc
Pledge of Allegiance 1945, before they added "under God"
http://www.youtube.com/watch?v=BpScApJXoyk
Pledge of Allegiance Blues trailer
http://www.youtube.com/watch?v=ZlHp7b1TPGc
Other Related Links:
www.cnn.com/2004/LAW/06/14/scotus.pledge
http://www.religioustolerance.org/nat_pled.htm
http://history.vineyard.net/pledge.htm
http://www.kidzworld.com/article/2267-pledge-of-allegiance-debate
http://atheism.about.com/library/FAQs/cs/blcs_jw_flag1.htm
From Wikipedia.com about Prayer (Cheryl, 7-12-08)
Criticism of requiring or promoting the Pledge
-
Government requiring or promoting of the Pledge has drawn criticism and legal challenges on several grounds. Prominent legal challenges have been based on the contention that state-sponsored requiring or promoting of the Pledge is unconstitutional because it violates one or both of the religion clauses in the First Amendment.
Central to challenges in the 1940s were Jehovah's Witnesses, a group whose beliefs preclude swearing loyalty to any power lesser than God, and who objected to policies in public schools requiring students to recite the Pledge. They objected on the grounds that their rights to freedom of religion as guaranteed by the Free Exercise Clause of the First Amendment were being violated by such requirements.
Other objections have been raised since the addition of the phrase "under God" to the Pledge in 1954. Many critics contend that a government requiring or promoting this phrase violates protections against establishment of religion guaranteed in the Establishment Clause of the First Amendment.
In a 2002 case brought by atheist Michael Newdow, whose daughter was being taught the Pledge in school, the Ninth Circuit Court of Appeals ruled the phrase "under God" an unconstitutional endorsement of monotheism when the Pledge was promoted in public school. In 2004, the Supreme Court heard Elk Grove Unified School District v. Newdow, an appeal of the ruling, and rejected Newdow's claim on the grounds that he was not the custodial parent, and therefore lacked standing, thus avoiding ruling on the merits of whether the phrase was constitutional in a school-sponsored recitation. On January 3, 2005, a new suit was filed in the U.S. District Court for the Eastern District of California on behalf of three unnamed families. On September 14, 2005, District Court Judge Lawrence Karlton ruled in favor of Newdow. Citing the precedent of the 2002 ruling by the Ninth Circuit Court of Appeals, Judge Karlton issued an Order stating that, upon proper motion, he will enjoin the school district defendants from continuing their practices of leading children in pledging allegiance to "one Nation under God" [2].
In 2004, linguist Geoffrey Nunberg criticized the addition of "under God" for a different reason. The original supporters of the addition thought that they were simply quoting Lincoln's Gettysburg Address. However, Nunberg said that to Lincoln and his contemporaries, "under God" meant "God willing" and they would have found its use in the Pledge of Allegiance grammatically incorrect.[3][4]
A bill — H.R. 2389 — was introduced in Congress in 2005 which, if enacted into law, would have stripped the Supreme Court and most federal courts of the power to consider any legal challenges to government requiring or promoting of the Pledge of Allegiance. H.R. 2389 was passed by the House of Representatives in July 2006, but failed due to the Senate's not taking it up. Even if a similar bill is enacted, its practical effect may not be clear: proponents of the bill have argued that it is a valid exercise of Congress's power to regulate the jurisdiction of the federal courts under Article III, Section 2 of the Constitution, but opponents question whether Congress has the authority to prevent the Supreme Court from hearing claims based on the Bill of Rights (since amendments postdate the original text of the Constitution and may thus implicitly limit the scope of Article III, Section 2).
In 2006, in the Florida case Frazier v. Alexandre, No. 05-81142 (S.D. Fla. May 31, 2006) "A federal district court in Florida has ruled that a 1942 state law requiring students to stand and recite the Pledge of Allegiance violates the First and Fourteenth Amendments of the U.S. Constitution, even though the law allows students to opt out, because they can only do so with written parental permission and are still required to stand during the recitation. (case description ruling)
Pre-Game Prayers
Articles:
Interesting link about Holidays in school.
http://archives.cnn.com/2000/LAW/06/19/scotus.schoolprayer.01/index.html
Regarding Borden trial- allowing a coach to bow his head and "take a knee" - Lisa
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/06/AR2007100601254.html
Videos:
Kicked out of school for not participating in a pregame prayer
http://www.youtube.com/watch?v=npqbgBHYSKk - Lisa
Should Coach Borden be allowed to stand with his players in a pregame prayer? This has gone to court and is headed to the Supreme Court
http://www.youtube.com/watch?v=g6_eKLw5u4k-- Lisa
Prayer in chools- Students filed law suit against East Valley Schools
http://www.youtube.com/watch?v=KIRVJE_wZ18&feature=related - Lisa
More on the same case
http://www.youtube.com/watch?v=1bcrTO-iYAc&NR=1 - Lisa
Santa Fe Case
http://en.wikipedia.org/wiki/Santa_Fe_Independent_School_Dist._v._Doe - Karla
Santa Fe Case
caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/000/99-62.html
Jehovah Witness
www.watchtower.org Official web site of Watchtower Society, the legal organization in use by Jehovah's Witnesses. This site also lists pamphlets offered for information.- Lisa
http://www.learningwithsouthglos.org/REandSACRE/acrobat/SACRE/faithmatters/jehovahswitnessesandtheschool.pdf
This is the Jehovah's Witness and the School Pamphlet- Lisa
http://www.jehovahs-witnesses.info/- website from the Watchtower- Lisa
Handbook
Delta Group Handbook Revisions:
Here are the Handbook Recommendations and Staff Training Possibilities.... ~Cheryl
Case Problem 2 Religion Student Rights.docx
Holiday Celebrations (Interesting 
School Holiday Celebrations Information Letter2006.pdf Produced for Parents)
Pledge of Allegiance
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.
(Resource) - http://lws.simsbury.k12.ct.us/sls/office/handbookweb/page13.html
I am adding the link to the East Moline School District's Parent/Student Handbook. I don't see anything about Religious Holiday exemptions or Pledge... Take a look, it needs a lot of work. ~Cheryl
http://www.emsd37.org/PDF/StudentHandbook.pdf
East Moline Public Schools Principal - Holiday Celebrations, etc...
At the elementary, the holiday parties (Halloween, Christmas, and Valentine’s Day) are covered in the Parent/Student handbook that is given to every parent at registration. It informs the parents that the P.T.A. at each building handles these parties. At our building level, if we have any children that do not celebrate these days it is handled in one of two ways. If the parent takes them out of school for that time, it is considered an excused absence. If the parent wants that child to stay in school, we have alternative activities scheduled in the library.
We do call our breaks winter and spring break.
We do not have any restrictions on holiday apparel. We try to encourage teachers to expose young students to a variety of holidays and religions. The majority of our holiday programs are winter themed or multicultural in nature.
If a child has a religious dietary need, it is up to the parent to provide a meal for the day if we have something on the menu that is not allowed. Since we do not have alternative choices at the elementary, the onus is on the parent to check the menu each day
Jehovah Witness Powerpoint - resource
http://www.learningwithsouthglos.org/REandSACRE/acrobat/SACRE/faithmatters/jehovahswitnessesandtheschool.pdf
Information from this site should be used for the powerpoint. It is from the Watchtower. There is a list and rationale for all areas. Good info- Lisa
Individual Case Briefs
West Virginia State Board of Education v. Barnette
Alicia Sanders
EDL517-AliciaSandersBRIEF.doc
Timothy W v. Rochester School District - Lori Thomas Johnson
EDL517-LoriThomasJohnson-Brief.doc
Borden v. East Brunswick- Lisa Bateman
School law brief Bateman.doc
Link to published case
http://caselaw.lp.findlaw.com/data2/circs/3rd/063890p.pdf
Myers v. Loudon County Public Schools Brief
Jami Schroeder
Link to Published Case
http://pacer.ca4.uscourts.gov/opinion.pdf/031364.P.pdf
SANTE FE INDEPENDENT SD V. DOE
KARLA THIES
KT LAW BRIEF.doc
Link to Published Case
http://www.law.cornell.edu/supct/html/99-62.ZS.html
Sechler v. State College Area School Distrit Brief
Cheryl Torres
CP2TorresLegBrief.docx
Link to Published Case
http://www.belcherfoundation.org/sechler.htm
7-15-08 (10:32am)
Beliefs and Practices.doc
I am adding this web site to the list I sent earlier. The picture on it is on the sample he gave us- so hope the article will count-excellent info! Lisa
http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=pledge_of_allegiance2
http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=religious_holidays
http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=graduation_ceremonies
http://www.firstamendmentcenter.org/rel_liberty/publicschools/topic.aspx?topic=student_religious_practices
http://www.usflag.org/history/pledgeofallegiance.html- This is the history of the flag- thought it might be interesting to add.
Another from the First Amendment Center- http://www.fac.org/rel_liberty/publicschools/faqs.aspx?faq=all
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Comment box for Team Members
Hi guys- I found some info on students filing a law suit against their school for saying prayer during lunch- thought it was interesting -- so added it. If you do not think they are appropriate please feel free to remove them. They are under pregame prayers as I did not know where else to put it. Lisa
I looked at other group's and tried to organize pledge of allegiance area and added a few things I found to Cheryl's entries- let me know what you think. Thanks for the outline and due dates Alicia. Cheryl-let me know if I moved something to the wrong place or just change it. Stay cool. thanks, Jami
Hey Everyone! I found some info and posted it in comments. ~Cheryl
7/8/2008 - Hello everyone, I have moved information to appropriate headings, please let me know if something was placed in the wrong place.
Hello to All! I will be sorting through all of the information submitted and build our powerpoint beginning Sunday night. If there is any additional information that anyone would like to share please post before then. I will be watching for additional inforamtion next week as well but wanted to let all of you know that I would begin the powerpoint Sunday. Looks like we have a TON of information - GREAT JOB DELTA!! Karla
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QUESTION?? Do we want the YouTube video clips they range from about 1 1/2 minutes to over 4 minutes? we could have one of them, we could relay that they are out there or we can have none. We have 10 minutes to present. Let me know what you think so I can add it to the Powerpoint or not. Thanks, Karla
Karla, I think a shorter video would be fine! JMO, see what others have to say! ~Cheryl
If there is any last minute information that any of you would like to add please let me know. I wil be emailing the presentation to you tomorrow. I am also having a problem getting my case brief load on here, I wrote it in word. Any ideas please let me know. Also, are we all presenting or how are we going about presenting this?? Talk to you tomorrow! Karla
Thanks to all of you for your contributions, the site looks great. We need to upload the powerpoint to the wiki. - See you all on Saturday, any questions please email me on my above link. I will get back to you pronto... Sanders
Comments (11)
Cheryl Torres said
at 4:27 pm on Jun 29, 2008
http://www.clsnet.org/clrfPages/pubs/pubs_holida5.php
This website has information about Religious Holidays in school. ~~Cheryl
Cheryl Torres said
at 4:29 pm on Jun 29, 2008
http://www.watchtower.org/
I know Lisa was going to find info...but I ran across the official website. The phamplet I was talking about in class is posted on this site to view under publications.
~~Cheryl
Cheryl Torres said
at 4:53 pm on Jun 29, 2008
http://query.nytimes.com/gst/fullpage.html?res=9904E4DC123AF937A35757C0A96E958260&sec=&spon=&pagewanted=all
This link takes you to about Illinois and Good Friday. ~Cheryl
Cheryl Torres said
at 4:54 pm on Jun 29, 2008
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=010500050K26-1
Illinois Law and Religious Holidays ~Cheryl
Cheryl Torres said
at 5:00 pm on Jun 29, 2008
http://www-personal.umich.edu/~kelsbels/pledge/schools.html
Info of Pledge.
~~Cheryl
Lisa Bateman said
at 5:01 pm on Jun 29, 2008
I have a host of information but have not posted any yet. Have just now figured out how to comment. The websites I have visited are:
http://www.jehovahs-witnesses.info/notacult.html
http://www.jehovahs-witnesses.info/
http://users.skynet.be/jacques.luc/enfants_eng.html
http://www.caic.org.au/jws/family/jws-edu.htm
http://www.jwfacts.com/index_files/wrong.htm
http://www.quotes-watchtower.co.uk/flag_salute.html
http://www.quotes-watchtower.co.uk/education.html
http://www.quotes-watchtower.co.uk/vaccination.html
http://www.jwfacts.com/index_files/celebrations.htm
The 3 quote web addresses are directly from the Watchtower. I have not separated the imprtant info out yet. But, thought I would share so that you have an opportunity to read. I also have some you tube info.
The sad thing is that it is all repetitive or anti. I can not find a section that is just flat info. But, then again, this is a controversial subject so probably will not find that! Hope this goes through! Lisa
Alicia Sanders said
at 8:26 pm on Jul 8, 2008
Hello to everyone, I have put together the page as best as I can. If anyone has anything to add, put it under the correct headers. I think you have all done an excellent job. Keep up the great job.
Also, we need to decide who will be presenting this presentation to the class.
Jami said
at 8:42 am on Jul 10, 2008
I tried to help organize pledge section. I think we might have enough information here. Let me know if there is anything else we need to add. thanks, Jami
Karla Thies said
at 11:21 pm on Jul 11, 2008
Hello to All! I will be sorting through all of the information submitted and build our powerpoint beginning Sunday night. If there is any additional information that anyone would like to share please post before then. I will be watching for additional inforamtion next week as well but wanted to let all of you know that I would begin the PowerPoint Sunday. Looks like we have a TON of information - GREAT JOB DELTA!! Karla
Cheryl Torres said
at 9:07 am on Jul 12, 2008
I added some more information this morning. Now to work on my legal brief!
Cheryl Torres said
at 3:37 pm on Jul 12, 2008
I sent you all an email about part of this assignment, please let me know what you all think, and if anything needs added or changed! Cheryl (3:37pm, 7-12-08)
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