Distribution+of+Religious+Materials

** 2. BLAINE AMENDEMENT** ||
 * __SECTION X: DISTRIBUTION OF RELIGIOUS MATERIAL __**
 * __LINKS TO SPECIFIC TOPICS__: **
 * ** 1. PUBLICLY-FUNDED VIOLATE ESTABLISHMENT CLAUSE**


 * 1. ** **__DISTRIBUTION OF RELIGIOUS MATERIAL __**


 * The principle of neutrality “commands that schools assume a neutral position, neither supporting religion nor prohibiting individual students from exercising their religious rights” (Essex, 2012, p. 41). **


 * Federal Appellate Courts (outside New York): **
 * The Eleventh Circuit Court affirmed a lower court’s decision that an elementary student did have the right to distribute religious pamphlets to her classmates (Essex, 2012, p. 41). The pamphlets did not “interfere materially or substantially with school operations;” thus, if not distributed, the student’s free exercise of religion would be violated (Essex, 2012, p. 41).
 *  //Johnson-Loehner v. O’Brien//, 859 F. Supp. 575 (M.D. Fla. 1994)
 * In New Jersey, the court struck down the distribution of Gideon Bibles that were distributed throughout the public schools even though the Bibles were distributed to students who had parental consent (Essex, 2012, p. 41). The court ruled this distribution showed “preference for one religion over others, and violated the Establishment Clause” (Essex, 2012, p. 41).
 * //Tudor v. BOE of Borough of Rutherford//, 14 N.J. 31, 100 A. 2d (1953), cert. den., 348 U.S. 816, 75 S.Ct. 25, 99L Ed. 664 (1954)
 * Court held in favor of the district’s policy of allowing Bibles to be distributed once a year on the sidewalk and off of school property because of the schools’ open forum policy any group could use the sidewalks after school hours (Essex, 2012, p. 42). Even though on one occasion the Bibles ended up in the hallways, there was no “evidence that the district played any role in the activity” (Essex, 2012, p. 42).
 *  //Schanou v. Lancaster County School District No. 160,// 863 F. Supp. 1048 D. Neb.(1994)


 * 2. ** **__DISTRIBUTION OF RELIGIOUS MATERIAL: ADMINISTRATIVE __**
 * __REGULATIONS __**
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Administrative Regulation 8290R: RELIGIOUS EXPRESSION IN THE PUBLIC **
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;"> SCHOOLS **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">These regulations have been developed to provide guidance to District staff and students regarding religious expression in the public schools. Guidance beyond the statements in these regulations may be found in four basic principles which would apply to the topic of teaching about religion in schools:

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">1) Is it constitutionally permissible; <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">2) Is it educationally sound; <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">3) Is it culturally sensitive; and <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">4) Is it age appropriate? (Allegany-Limestone Central School Board of Education, 2011, Administrative Regulation 8290R)


 * Religious Literature**

Students have a right to distribute religious literature to their schoolmates on the same terms as they are permitted to distribute other literature that is unrelated to school curriculum or activities. Schools may impose the same reasonable time, place, and manner or other constitutional restrictions on distribution of religious literature as they do on non-school literature generally, but they may not single out religious literature for special regulation. (Allegany-LimestoneCentralSchoolBoard of Education, 2011, Administrative Regulation 8290R)