Religious Diversity:

A Strength for America

Debbie Burchfield
Assistant Superintendent
Jenks Public Schools

Jenks Public Schools Mission

Statement:
Jenks Public Schools, inspired by a tradition of
excellence, is committed to the shared
responsibility of preparing all learners for
productive, responsible citizenship in an everchanging world.
In addition to promoting excellence in academics,
the schools job is to help build our students civic
character
To do so, we as educators must be cognizant not
only of our own freedom and rights as Americans,
but of the rights of alleven those who are
different from us

DOES THIS SEEM FAMILIAR?

Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of
the press; or the right of the people
peaceably to assemble, and to petition
the government for a redress of
grievances.

First Amendment:
Yes, its the First

Amendment to the
U.S. Constitution
We will focus today on
one piece:
Congress shall make
no law respecting an
establishment of
religion, or prohibiting
the free exercise
thereof

Challenge for Schools

Implementation of First Amendment

into the Public Schools as it Pertains to

Religion is a challenge because:
1) There are political and cultural
dimensions
2) Challenge is heightened by
increasingly diverse school population
with polarized philosophical
orientations regarding religion

First Amendment:
Anyone in America is given

rights by birth, not by

government
American government
protects rightsdoesnt take
them away
However, a different
standard is set for educators
who must avoid promoting a
particular religion or nonreligion viewpoint, or making
students feel coerced in any
way.

Wearing the First Amendment

Hat
As an educator, we

sign up to wear the

First Amendment Hat
to protect the rights
of others
Its our civic duty and
purpose as an
educator to do so.
The First Amendment
directs us to neither
promote nor inhibit
one religion over
another. Neither
should we promote
religion over nonreligion

Implications of First
Amendment

Schools are charged with creating a balance

and remaining neutral in
their approach to religion;
two approaches have failed:
1) Sacred Public School
2) Naked Public School

Two Failed Models

1. The Sacred Public School = excessive

prayer/worship with an unfair emphasis on

Christianity
2. The Naked Public School = eliminating
religion of any kind from every aspect of
public school

Civic Public School:

Preferred Model
Public schools may not encourage nor inhibit religion
Public schools are to uphold the First Amendment

when they protect religious liberty rights of students

of all faiths or none.

Teachers demonstrate fairness when they ensure

that the curriculum includes study about religion,

where appropriate, as an important part of a
complete education.

Why a Religion Policy?

School Districts need a policy to insure
equity for all students
Jenks Public Schools Religion Policy
was created by school staff members,
parents, community faith leaders, and
attorneys.
It is based on constitutional and case
law

CONSTITUTIONAL v. CASE
LAW

First Amendmentbased on Constitutional Law, i.e.

law established by Congress

Case Law established by the courts, most

notably, the Supreme Court of the United States.

Everson V. Board of Education, 1947-example of

case law
Jeffersons term wall of separation between
church and state is discussed here. This term is not
mentioned in the First Amendment; but we adhere
to it because it is a point of case law

The Lemon Test

Lemon v. Kurtzman, 1971-example of case law
Three part Lemon Test:
Does the government (in this case, school) action,
have a bona fide secular or civic purpose? (Example:
What other holidays might fall in December that would
give you an opportunity to teach beyond Christianity?)

The primary effect neither advances nor inhibits

religion. In other words, is it neutral?

Does the law avoid excessive governmental

entanglement with religion?

RELIGION POLICY (1.38)

Jenks Public Schools Religion Policy is

based on the First Amendment

(Constitutional law) and Case Law
Policy found at www.jenksps.org in JPS
Policies and Procedures Handbook
Administrative Directive - JPS Staff
Handbooks - provides additional
information pertaining to the policy

JPS RELIGION POLICY

Meant to be sensitive to individual beliefs and
respectful of established law

Speaks to the proper role of religion in

schools, i.e. its educational value; not in

religious observance or celebration

Tells us that we may not aid or prefer one

religion over another OR aid all religions and

show preference for religion over non-religion

Issues Encountered:
Student Rights
Curriculum
School Activities

ISSUES
STUDENT RIGHTS
Absences for Religious Holidays
- students must
not be penalized
Prayer
- individually or in groups
- should not become a distraction to the educational
process
Bible Reading (or other Holy Book)
- individually or in groups

Student Rights
Distribution of Materials
- process determined by school district
Religion Clubs
- Allowed by Federal Equal Access Act
Expression in the Classroom
- cannot be a distraction to the learning
process
Religious Persuasion
- cannot become harassment

Students Religious Liberties

Prayer (as long as it

doesnt infringe upon

the rights of others or
disrupt the educational
process)
Religious Expression (in
written or oral
assignments, artwork,
etc.)
Distribution of Literature
(under a structure such
as JPS Materials
Distribution Policy)
Student Religious Clubs
(student must lead club,
not teacher)

ISSUES
CURRICULUM
Teaching about Religion/Religious
Holidays:
Teaching must be done objectively and
accurately, fostering knowledge about
religion, not indoctrination. It should
be
academic, not devotional or
testimonial.

Teaching about Religion

Maintain Constitutional Neutrality (First Amendment)

Civic Obligation: (our public schools must reflect how we

as a country want to be represented and provide a wellrounded education that will serve our students well as
they become adults engaging in foreign policy, cultural
appreciation, business, travel, etc.
Educational Mandate: We must learn about each other in
order to live with each other.

Curriculum
Student Expression in Assignments:
Students may express their religious
beliefs in class oral or written
assignments, class discussions,
homework, artwork, etc.
Excusal from lessons:
Students should be provided
alternate assignments when
requested and/or appropriate

ISSUES
School Activities
ProgramsMusic, Drama
-Should serve an educational purpose,
not
celebratory
-Be aware of the diversity of religious beliefs among
your students; a variety of musical or dramatic
elements
speaking to that diversity is always
appreciated by your customers!
-Secular music, as opposed to a full
program of
sacred music, is acceptable

ISSUES School Activities

Holiday Parties, Decorations
- Secular in nature, i.e. Santa, reindeer,
elves, Christmas trees are okay (no angel on
the top!) Decorating should begin no more
than two weeks prior to a holiday
- Exchanging Christmas presents is
discouraged for reasons that have nothing to
do with religion!
- Permission must be obtained from principal
prior to having parties

ISSUES School Activities

Holiday Themed Lessons, Music in

the classroom:
- Should be secular in nature,
unless the lesson is educational and
speaks to the appropriate standards
and objectives for your curriculum.

ADMINISTRATIVE DIRECTIVE
You are encouraged to read the District
Religion Policy (1.38) found in the JPS
Policies and Procedures handbook.
And, the Administrative Directive found
in Teacher Handbooks at each site and
on the JPS website will be useful at it is:

More specific;
Gives examples; and
Fully defines the difference between
sacred and secular

Another great resource

Charles Haynes: Former

educator; now senior scholar

at First Amendment Center
Buzz Thomas: Baptist
minister, lawyer, and former
school board member
These advocates for the First
Amendment present
Finding Common Ground
seminars in our area on a
regular basis
For more information log
onto:
www.freedomforum.org

Survival
America needs diversity

to survive in an
increasingly global society
We depend on trade and
the differences in various
cultures to support our life
styles
These differences include
race, religion, and cultural
beliefs and practicesWe
must accept them if we
intend to remain a viable
stakeholder in the world
both politically and
economically

POINTS TO REMEMBER
Be respectful of student rights
You may Teach; you may not Preach
Teaching about Religion is encouraged;
but must align with curriculum objectives
Be sensitive: Not all students celebrate
the same holidays the same way

Questions?

Visit with your site administrators or

supervisor
Contact Debbie Burchfield, Assistant
Superintendent at
debbie.burchfield@jenksps.org

Acknowledgements:
Charles C. Haynes and Oliver Thomas, Finding Common Ground, A Guide
to Religious Liberty in Public Schools, First Amendment Center, 2002.
Many thanks to Jennifer Freeman, Jenks Alternative Center teacher, for her
contributions to this presentation.