What Types of Religious Activities Are Allowed in Public Schools?

The separation of church and state is always changing. It's difficult to know how the courts will decide on religious matters in schools. Yet, there are some basic rules to guide religious activities in public schools.

Unlike private schools or religious schools, public schools must obey the Constitution's protections. School districts must not violate the First Amendment religion clauses: the Establishment Clause and the Free Exercise Clause.

Understanding the protections for religious beliefs at school is crucial. Controversies in this area often arise from certain situations and actions, causing violations. Examples include

• School prayer
• Curriculum issues
• The use of school facilities by religious organizations

Read on to learn more about religious activities in public schools.

School Prayer in Public Schools

Students have many different religious beliefs and practices. Public schools must make reasonable religious accommodations for them. This includes allowing students to participate in activities with religious purposes, like prayer. Schools can release students for ritual prayers or religious instruction classes.

Students can typically pray in school, but there are limits. They can't interfere with educational activities or disrupt spaces such as:

• Classroom instruction

• The cafeteria

• The locker room

• Hallways

For example, students can pray in the hallway during a break. But they can't kneel in a way that blocks other students' movement.

The Supreme Court has ruled that a school district can't require students to take a minute of silence for religious reasons like prayer.

The courts often distinguish between individual prayer and group prayer. They tend to favor individual prayers over group prayers. Group prayers may create a perception of a captive audience, meaning they might pressure students to join.

Public Graduation Prayers

School officials cannot require or plan optional prayer at graduation. Schools also can't plan a religious ceremony like a baccalaureate mass.

The Supreme Court struck down a school district's policy of inviting clergy to lead prayer at graduation.

Usually, it doesn’t matter whether a student or the school initiates the prayer. The law doesn’t differ between school-led prayers and student-led prayers. Neither is permissible during graduation ceremonies.

Religious Curriculum Allowed in Public Schools

It is acceptable to teach students about the following religious texts:

• The Bible

• The Quran

• The Torah

• Other sacred texts for history, ethics, or comparative religion

A teacher can't reference the religious teachings as a singular truth. They can’t portray one religion over another as being superior or a chosen belief.

Religious Clubs in Public School Facilities

Students can create religious groups on their campus. Student-organized religious clubs can meet at school before or after the school day.

Many religious organizations instruct secondary school-age children outside of regular school hours. The Equal Access Act requires public school districts to treat these organizations fairly. Policies can't exclude religious student groups from using school facilities like nonreligious groups.

Missing School for Religious Activities

Schools can release students for ritual prayers or religious instruction classes. Schools must also recognize and accommodate religious holidays. For example, school officials must give students time off for religious observances.

Free Speech and Religious Liberty at School

Federal law gives students the right to religious expression. For example, students may wear religious head coverings or jewelry.

The Religious Freedom Restoration Act (1993) limits the government's ability to restrict religion. The Free Exercise Clause also prohibits Congress from passing laws against religious expressions.

Students have the right to share religious content and religious messages within the school setting. However, the content cannot disrupt or infringe on the rights of others. This protection enables students to openly express their beliefs.

Civil Rights Acts of 1964 and Religious Exercise

The Civil Rights Act of 1964 protects a range of activities, including:

• Education
• Public accommodations
• Programs receiving federal funds

Two parts of the Civil Rights Act help stop discrimination in schools: Title IV and Title VI.

Title IV Protections

Title IV says public schools can't discriminate on the basis of:

• Religion

• Race

• Color

• Sex

• National origin

Title VI Protections

Title VI says programs or activities getting federal funds can't discriminate based on:

• Race

• Color

• National origin

Title VI does not cover instances of discrimination on the basis of religion. Instead, it protects religious groups with shared ethnic characteristics.

For example, Muslim or Jewish students may face discrimination based on their ethnic characteristics. Regardless if they share the same religious identity, Title VI protects them.

The U.S. Department of Education provides schools with guidance on Title VI and religious discrimination. 

Examples of Acceptable Practices

In the past, the courts have ruled that the following practices do not violate the First Amendment religion clauses:

• Transportation of students to private, sectarian schools at public expense
• Public buying of secular textbooks for use in religious schools
• Religious groups and nonreligious groups using school facilities according to policies
• Release of students from schools to attend religious instruction classes
• Provision of a signer for a deaf student in a religious school at public expense
• Students having religious clubs on school property before or after school

Examples of Prohibited Practices

The courts have prohibited the following practices in the past:

• Sending public school teachers into private, sectarian schools to provide remedial instruction
• Providing a publicly funded salary supplement to teachers in religious schools
• Compelling students to recite the Pledge of Allegiance

Speak to a Civil Rights Attorney About Religious Discrimination

It is hard to know which religious activities are allowed in public schools. The intersection of religion and government is complex. 

If you worry about how your religious rights might clash with school activities, talk to a lawyer. A civil rights law attorney can help you understand this very unsettled area of law.