Church state relations elc edlawnet task group session 4 aaron woody
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Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody. AGENDA. 10 Minutes - Look at critical points to consider Religious Influences in Public Schools 10 Minutes – Reflective Guides as it relates to current cases Emphasis on “Common Sense” 5 Minutes –

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Church / State Relations ELC EdLawNet Task Group Session #4 Aaron Woody

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Church state relations elc edlawnet task group session 4 aaron woody

Church / State RelationsELC EdLawNet Task GroupSession #4Aaron Woody


Agenda

AGENDA

  • 10 Minutes -

    • Look at critical points to consider

    • Religious Influences in Public Schools

  • 10 Minutes –

    • Reflective Guides as it relates to current cases

    • Emphasis on “Common Sense”

  • 5 Minutes –

    • Your Turn “Scenarios you might encounter”

    • Questions / Comments


  • Talking point 1

    Talking Point #1

    • Church State issues have been argued through the Fourteenth Amendment

    • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

    • THE ESTABLISHMENT CLAUSE


    Religion government tenuous balance

    Religion & Government: Tenuous Balance

    • Establishment Clause:

      • Government shall not advance Religion

    • Free Exercise Clause

      • Freedom in individual Religious Practices

    There are TWO Constitutional Clauses in regard to religion, and they are constantly in conflict


    Talking point 2

    Talking Point #2

    • The LEMON Test (LEMON vs. Kurtzman)

    • A Three Part Test

      • Have a secular purpose

      • Have a primary effect that neither advances nor impedes religion

      • Avoid excessive governmental entanglement with religion


    Other tests

    OTHER TESTS:

    • Endorsement Test

      • Primary effect neither endorse nor dissaprove religion

    • Coercion Test

      • Direct or Indirect Government Coercion to “Promote a Faith”


    Talking point 3

    Talking Point #3

    • Free Exercise Clause

      • Looks at individual activity and whether the state has acted in a coercive way (FIRST AMENDMENT RIGHTS)

    • Example: Wisconsin vs. Yoder 1972)

    • Gray Areas…

      • Adults employed by the school – are an extension of the state

      • Students have more protection as individual citizens


    Other religious influences in public schools

    Other Religious Influences in Public Schools

    • Silent Prayer

    • School Sponsored verses private devotionals

    • Student elections to authorize prayer

    • Religious displays and Holiday observances

    • Proselytization in the classroom

    • Equal Access

    • School Access for community groups

    • Accommodations for Religious Beliefs

    • Religious Exemption from Secular Activities

    • Defining what “IS” religious?


    Best practice

    BEST PRACTICE…

    • USE COMMON SENSE…

    • Districts and “Courts” will look to answer the question:

      “What would a reasonable person do in (or with) this situation?”


    Recommended reading

    Recommended Reading

    • A TEACHER’S POCKET GUIDE TO SCHOOL LAW. Nathan Essex (I reference this in the handout)

    • American Center for Law and Justice http://aclj.org/

    • ACLU American Civil Liberties Union

      http://aclu.org

    • http://www.churchstatelaw.com


    Scenarios

    SCENARIOS


    Church state relations elc edlawnet task group session 4 aaron woody

    QUESTIONS???


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