Schools may not invite anyone to give any type of prayer, invocation, or benediction at any public school event. Even student-led prayer at a school event is impermissible.

Legal Basis

• Lee v. Weisman (1992)

• Santa Fe Independent School District v. Doe (2000)

School teachers/coaches/administrators/volunteers may not lead students in prayer, encourage students to pray, schedule or participate in student-initiated prayer, or otherwise endorse religion to students while acting in their government roles.

This includes a coach’s silent participation in prayer. Students remain free to pray on their own. Staff advisors for non-curricular clubs such as the Fellowship of Christian Athletes cannot be anything other than chaperones.

Legal Basis

• Kennedy v. Bremerton School District (2022) (clarifying private employee religious expression while not coercing students)

• Equal Access Act (20 U.S.C. §§ 4071–4074)

School programming, including graduations, testing, choir recitals, award ceremonies, and plays, should not occur in churches. Budget or other considerations cannot trump students’ rights.

Legal Basis

• Establishment Clause of the First Amendment

• Various federal appellate court decisions evaluating endorsement and coercion

Baccalaureate programs are religious services that include prayer and worship. Schools and staff may not plan, design, or supervise baccalaureate programs. This includes the use of public school time, newsletters, equipment, email, or other resources to advertise, announce, or invite students and their parents to baccalaureates.

Legal Basis

• Lee v. Weisman (1992)

Public schools may not grant pastors, churches, ministries, or religious organizations privileged access to students during the school day.

Examples include:

• Pastors visiting lunchrooms to speak with students

• Athletic chaplains serving school teams

• Religious "life coaches" whose purpose is evangelism

• Churches using school access to recruit students

Students may choose to meet privately with religious leaders outside school-sponsored activities.

Legal Basis

• Establishment Clause

• Equal Access principles

Public schools may teach about religion objectively within history, literature, or comparative religion courses.

However, science classes may not:

• Teach creationism as science

• Present intelligent design as scientific fact

• Require disclaimers before teaching evolution

• Give creationism "equal time" with accepted science

Evolution is a foundational scientific theory and may not be excluded from science instruction.

Legal Basis

• Edwards v. Aguillard (1987)

• Kitzmiller v. Dover Area School District (2005)

Religious organizations may rent public school facilities under the same terms available to any other community organization.

Schools may not:

• Offer discounted or free rent solely because an organization is religious

• Allow churches to store equipment outside rental periods

• Permit permanent advertising on campus

• Allow exclusive ongoing use beyond rental agreements

Equal treatment—not preferential treatment—is the constitutional standard.

Legal Basis

• First Amendment

• Equal Access principles

Schools may not permit religious organizations to distribute Bibles, tracts, or other religious materials to students during the school day.

Because attendance is compulsory, students should not be placed in situations where they may feel pressured to accept religious materials.

Students themselves remain free to possess and share religious literature with classmates in accordance with the same rules that apply to all non-school materials.

Legal Basis

• Establishment Clause

• Federal court decisions on religious literature distribution

Students have the constitutional right to decline participation in the Pledge of Allegiance.

Schools may not require students to:

• Stand

• Recite the pledge

• Salute the flag

Nor may they punish or discipline students for choosing not to participate.

Legal Basis

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

If a public secondary school allows non-curricular student clubs, it must provide equal access to all qualifying student organizations.

Schools cannot favor religious clubs while denying recognition to atheist, secular humanist, skeptic, or other nonreligious clubs.

Equal treatment protects everyone's First Amendment rights.

Legal Basis

• Equal Access Act

• Board of Education v. Mergens (1990)

Public schools generally may not display religious messages or symbols in ways that appear to endorse a particular faith.

Examples may include:

• Permanent Ten Commandments displays

• Religious posters

• Images of Jesus

• School-sponsored religious messaging

Educational displays that objectively teach about history or culture may be permissible when presented in proper context.

Legal Basis

• Establishment Clause

• Stone v. Graham (1980)

Calling participation "voluntary" does not automatically make a religious activity constitutional.

Students often experience significant social pressure from teachers, coaches, and peers. Courts have repeatedly recognized that students are a captive audience and may feel compelled to participate in school-sponsored religious activities even when participation is technically optional.

Public schools must avoid creating situations that pressure students to engage in religious exercise.

Legal Basis

• Lee v. Weisman (1992)

• Santa Fe Independent School District v. Doe (2000)