Content area
Full text
General Rule: Organized prayer in the public school setting, whether in the classroom or at a school-sponsored event, is unconstitutional. The only type of prayer that is constitutionally permissible is private, voluntary student prayer that does not interfere with the school's educational mission.
May students pray? Students have the right to engage in voluntary individual prayer that is not coercive and does not substantially disrupt the school's educational mission and activities. For example, all students have the right to say a blessing before eating a meal. However, school officials must not promote or encourage a student's personal prayer. Students may engage with other students in religious activity during noncurricular periods as long as the activity is not coercive or disruptive. In addition, while students may speak about religious topics with their peers, school officials should intercede if such discussions become religious harassment. It is essential that private religious activity not materially disrupt the school's educational mission and activities. Personal religious activity may not interfere with the rights or well-being of other students and the threat of student harassment and pressure must be carefully monitored. It is also critical to ensure that the religious activity is actually student-initiated, and that no school employee supervises or participates in the activity. Any school promotion or endorsement of a student's private religious activity is unconstitutional.
Are vocal prayer and Bible reading in the classroom permitted? Vocal denominational or nondenominational prayer, and ceremonial reading from the Bible, are unconstitutional practices in the public school classroom. Engel v. Vitale, 370 U.S. 421 (1962); School District of Abington Township, PA v. Schempp, 374 U.S. 203 (1963). It is legally irrelevant if the prayer or Bible reading is voluntary, or if students may be excused from the activity or classroom during the prayer. Student volunteers may not offer prayers for recitation. Karen B. v. Treen, 653 F.2d 897 (5th Cir. 1982), aff'd 455 U.S. 913 (1982). Similarly, student volunteers are prohibited from broadcasting prayers over a school intercom system into the classroom. Herdahl v. Pontotoc County School District, 887 F.Supp. 902 (N.D.Miss.1995).
Can a school or state require a moment of silence in the classroom? The U.S. Supreme Court struck down a statute requiring a moment of silence which students could use...