{"id":355009,"date":"2016-04-04T11:01:49","date_gmt":"2016-04-04T16:01:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/student-rights\/religious-accommodation-for-students.html"},"modified":"2024-01-10T17:48:58","modified_gmt":"2024-01-10T22:48:58","slug":"religious-accommodation-for-students","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/student-rights\/religious-accommodation-for-students.html","title":{"rendered":"Religious Accommodation for Students"},"content":{"rendered":"\n
\n \n
\n

Religious Accommodation for Students<\/h1>\n
\n
\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In school districts across the United States, students come from diverse backgrounds. This includes a wide range of religious backgrounds. It’s important for schools to respect and accommodate religious beliefs. This means making changes to help students follow their religions. Things like dress codes, what they eat, and when they have religious holidays all need special attention. The U.S. Department of Education and laws like the Civil Rights Act protect these rights. This way, every student gets an equal opportunity to learn, regardless of their religion.<\/p>\r\n

Public schools must perform a careful balancing act. This applies when their students seek accommodations for their religious beliefs. As a general rule, public schools may not advance any specific religion. They also can’t discriminate in their treatment of different religions. But they must also avoid acting or failing to act in any way that prevents students from exercising their right to religious expression.<\/p>\r\n

This article explores religious accommodations for students in public school settings.<\/p>\r\n

Public Schools’ Obligations<\/h2>\r\n

Public schools must follow certain rules to ensure they respect students’ religious beliefs. This is part of the U.S. Constitution and state law. Schools must consider reasonable accommodations if a student or their parents make a written request. Many laws have shaped public schools’ obligations to provide religious accommodations. Let’s explore these laws in greater detail.<\/p>\r\n

First Amendment of the U.S. Constitution<\/h3>\r\n

The First Amendment of the Constitution<\/a> includes two clauses. These clauses relate to religion and public institutions. First, there’s the Establishment Clause<\/a>. This clause prevents the government and public institutions from certain activities. They must refrain from activities that endorse, advance, or otherwise advantage a religion.<\/p>\r\n

Second, there’s the Free Exercise Clause<\/a>. This clause prohibits actions that would prevent individuals from observing their religious practices. Religious accommodations generally fall under the requirements of the Free Exercise Clause. This is because failure to make allowances for a student’s beliefs may interfere with their religious observance.<\/p>\r\n

Religious Freedom Restoration Act<\/h3>\r\n

Several different tests were developed through court decisions. Courts use these tests when determining if a school impedes a student’s right to free exercise of religion. In 1993, Congress passed the Religious Freedom Restoration Act.<\/a> This Act establishes that schools may only burden a person’s religious exercise where they can show a "compelling interest." They must also use the least restrictive means possible to protect that interest.<\/p>\r\n

Equal Access Act<\/h3>\r\n

Another law directly related to religion and schools is the Equal Access Act.<\/a> This act ensures that students in religious activities have the same right of access to school facilities as comparable non-religious student groups. This law indicates that where a "limited open forum" is made available to students, denying equal access or discriminating against any students who wish to conduct a meeting within the forum for religious purposes is unlawful.<\/p>\r\n

The law defines "limited open forums<\/a>" (student club meetings and other voluntary meetings not sponsored by the school or state) as well as "fair opportunity" for access to those forums. As elsewhere, this law has a caveat. It states that schools may take necessary action to ensure the order, discipline, and well-being of their students and faculty. But they must also ensure that student attendance at such meetings is voluntary.<\/p>\r\n

Students’ Religious Rights<\/h2>\r\n

Public school students have many rights when it comes to their religious beliefs, including:<\/p>\r\n