Administrative+Regulations

**2. STUDENT ORGANIZATIONS - LIMITED OPEN FORUM** **3. RELIGIOUS EXPRESSION IN THE CLASSROOM** || =1. Administrative Regulation 6122 = The Allegany-Limestone Central School District does not discriminate on the basis of sex, age, veteran or marital status, political affiliation, race, creed or religion, color, national origin, or disability in the employment and educational opportunities it offers, including vocational educational opportunities as required by Title IX of the 1972 Educational Amendments and Section 504 of the Rehabilitation Act of 1973. (Allegany-Limestone Central School District, 2002, Administrative Regulation 6122) Guidelines: Employees of the Allegany-Limestone Central School District are protected from discrimination in the following areas:
 * __SECTION XV: ADMINISTRATIVE REGULATIONS __**
 * __LINKS TO SPECIFIC TOPICS__: **
 * **1. ADMINISTRATIVE REGULATION 6122**
 * General Statement:**
 * 1) 1. Access to employment including: recruitment policies and practices; advertising; application procedures; testing and interviewing practices.
 * 2) 2. Hiring and promotion including: selection practices; application of nepotism policies; demotion, layoff, termination; tenure.
 * 3) 3. Compensation including: wages and salaries; extra compensations.
 * 4) 4. Job assignments including: classification and position descriptions; lines of progression; seniority lists; assignment and placement.
 * 5) 5. Leaves of absence including: leaves for temporary disability; childbearing leave and related medical conditions; child rearing leave.
 * 6) 6. Fringe benefits including: insurance plans; retirement plans; vacation time; travel opportunities; selection and support for training; employer-sponsored programs.
 * 7) 7. Labor organization contracts or professional agreements. (Allegany-Limestone Central School District, 2002, Administrative Regulation 6122)


 * 2. Administrative Regulation 7410R.2: STUDENT ORGANIZATIONS - LIMITED **
 *  OPEN FORUM **

The Equal Access Act of 1984 states that: It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings (20 USC Section 4071 [a]). (Allegany-Limestone Central School District, 2002, Administrative Regulation 7410R.2)

Non-curriculum related student groups, interpreted by the United States Supreme Court in Westside Community Board of Education v. Mergens, mean “any student group that does not directly related to the body of courses offered by the school.” The Court indicated that curriculum related student groups are those in which:
 * Definitions **
 * 1) __Limited Open Forum __ – “A public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one or more non-curriculum related student groups to meet on school premises” (20 USC Section 4071 [b]).
 * 2) __Meeting __– “meeting” includes “those activities of student groups which are permitted under a school’s limited open forum and are not directly related to the school curriculum” (20 USC Section 4072[4]).
 * 3) __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Non-instructional Time __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">- “Non-instructional time” is defined as the time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends” (20 USC Section 4072[4]).
 * 4) __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Curriculum Related Student Groups __

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">a) Subject matter of the group is actually taught, or soon will be taught, in a regularly offered course; <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">b) Subject matter of the group concerns the body of courses as a whole; <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">c) Participation in the group is required for a particular course; or <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Participation in the group results in academic credit. (Allegany-Limestone Central School District, 2002, Administrative Regulation 7410R.2)

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">At the secondary level, student groups protected under the Equal Access Act shall be permitted to meet on the school premises during non-instructional time under the following conditions:

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">1) A meeting is student-initiated and open to all students. Student attendance at such a meeting must be voluntary. <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">2) School employees may be present only for custodial purposes; they may not participate or provide sponsorship.* <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">*Sponsorship is defined as “the act of promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting.” (20 USC Section 4072 [2]). <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">3) A meeting does not include any activity that materially and substantially interferes with the orderly conduct of educational activities within the school. <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">4) Unless otherwise allowed by current applicable law, membership shall not be restricted on the basis of race, sex, national origin, disability or any other arbitrary criteria. <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">5) It is understood that the content of a student meeting is not sponsored by the School District. <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">6) While students may invite outside speakers to meeting, non-school persons may not direct, conduct, control or regularly attend such meetings or activities of student groups. <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">A request to meet must be filed in advance with the Superintendent. Once approval is obtained, a student group may continue to meet for the remainder of the school year, unless such group fails to abide by the conditions stated within Board policy or administrative regulation. A hearing shall be provided, however, before a decision is reached to discipline or ban a student organization. (Allegany-Limestone Central School District, 2002, Administrative Regulation 7410R.2)


 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">3. 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?

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">The Establishment Clause of the First Amendment does not prohibit purely private religious speech by students. Students, therefore, have the same right to engage in individual or group prayer and religious discussion during the school day as they do to engage in other comparable activity. For example, students may read their Bibles or other scriptures, say grace before meals, and pray before tests to the same extent they many engage in comparable non-disruptive activities. School authorities possess substantial discretion to impose rules of order and other pedagogical restrictions on student activities, but they may not structure or administer such rules to discriminate against religious activity or speech.
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Student Prayer and Religious Discussion **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Generally, students may pray in a non-disruptive manner when not engaged in school activities or instruction, and subject to the rules that normally pertain in the applicable setting. Specifically, students in informal settings, such as cafeterias and hallways, may pray and discuss their religious views with each other, subject to the same rules of order as apply to other student activities and speech. Students may also speak to, and attempt to persuade, their peers about religious topics just as they do with regard to political topics. School officials, however, should intercede to stop student speech that constitutes harassment aimed at a student or a group of students.

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Students may also participate in before or after school events with religious content on the same terms as they may participate in other non-curriculum activities on school premises. School officials may neither discourage nor encourage participation in such an event.

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">The right to engage in voluntary prayer or religious discussion free from discrimination does not include the right to have a captive audience listen, or to compel other students to participate. Teachers and school administrators should ensure that no student is in any way coerced to participate in religious activity” (Allegany-Limestone Administrators’ Handbook, 2002).

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">“Under current Supreme Court decisions, school officials may not mandate or organize prayer at graduation, nor organize religious baccalaureate ceremonies. If a school generally opens its facilities to private groups, it must make its facilities available on the same terms to organizers of privately sponsored religious baccalaureate services. A school may not extend preferential treatment to baccalaureate ceremonies and may, in some instances, be obliged to disclaim official endorsement of such ceremonies” (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Graduation Prayer and Baccalaureates **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">“Teachers and school administrators, when acting in those capacities, are representatives of the state and are prohibited by the establishment clause from soliciting or encouraging religious activity, and from participating in such activity with students. Teachers and administrators also are prohibited from discouraging activity because of its religious content and from soliciting or encouraging anti-religious activity” (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Official Neutrality Regarding Religious Activity **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Public schools may not provide religious instruction, but they may teach about religion, including the Bible or other scripture: the history of religion, comparative religion, the Bible (or other scripture)-as-literature, and the role of religion in the history of the United States and other countries all are permissible public school subjects. Similarly, it is permissible to consider religious influences on art, music, literature, and social studies. Although public school may teach about religious holidays, including their religious aspects, and may celebrate the secular aspects of holidays, schools may not observe holidays as religious events or promote such observance by students (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Teaching About Religion **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Students may express their beliefs about religion in the form of homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance, and against other legitimate pedagogical concerns identified by the school (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Student Assignments **

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-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Religious Literature **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Subject to applicable state laws, schools enjoy substantial discretion to excuses individual students from lessons that are objectionable to the student or the students’ parents/guardians on religious or other conscientious grounds. However, students generally do not have a federal right to be excused from lessons that may be inconsistent with their religious beliefs or practices. School officials may neither encourage nor discourage students from availing themselves of such a religious exemption. However, if such exemption is granted, alternative activities may be provided that are of comparable instructional value (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Religious Exemptions from Instruction **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Subject to applicable state laws, schools have the discretion to dismiss students to off-premises religious instruction, provided that schools do not encourage or discourage participation or penalize those who do not attend. Schools may not allow religious instruction by outsiders on school premises during the day (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Released Time **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Though schools must be neutral with respect to religion, they may play an active role with respect to teaching civic values and virtue, and the moral code that holds us together as a community. The fact that some of these values are held also by religions does not make it unlawful to teach them in school (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Teaching Values **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Schools enjoy substantial discretion in adopting rules and regulations relating to student dress and school uniforms. Students generally have no federal right to be exempted from religiously neutral and generally applicable school dress rules based on their religious beliefs or practices; however, school may not single out religious attire in general, or attire of a particular religion, for prohibition or regulation. Students may display religious messages on items of clothing to the same extent that they are permitted to display other comparable messages. Religious messages may not be singled out for expression, but rather are subject to the same rules as generally apply to comparable messages.
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Student Dress **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">The Equal Access Act [EAA] is designed to ensure that, consistent with the First Amendment, student religious activates are accorded the same access to public school facilities as are student secular activities (Allegany-Limestone Administrators’ Handbook, 2002).
 * <span style="font-family: 'Times New Roman',serif; font-size: 12pt;">The Equal Access Act **

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Student religious groups at public secondary schools have the same right of access to school facilities as it enjoyed by other comparable student groups. Under the Equal Access act, a school receiving federal funds that allows one or more student non-curriculum related clubs to meet on its premises during non-instructional time may not refuse access to student religious groups (Allegany-Limestone Administrators’ Handbook, 2002).
 * __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">General Provisions __**

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">A meeting, as defined and protected by the Equal Access Act, may include a prayer service, Bible reading or other worship exercise (Allegany-Limestone Administrators’ Handbook, 2002).
 * __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Prayer Services and Worship Exercises Covered __**

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">A school receiving federal funds must allow student religious groups meeting under the Equal Access Act to use the school media -- including the public address system, the school newspaper, and the school bulletin board – to announce their meetings on the same terms as other non-curriculum related student groups are allowed to use the school media. Any policy, rule or regulation concerning the use of school media must be applied to all non-curriculum related student groups in a nondiscriminatory manner. School, however, may inform student that certain groups are not school sponsored (Allegany-Limestone Administrators’ Handbook, 2002).
 * __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Equal Access to Means of Publicizing Meetings __**

<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">A school creates a limited open forum under the Equal Access Act, triggering equal access rights for religious groups, when it allows students to meet during their lunch periods other non-instructional time during the school day, as well as when it allows students to meet before and after the school day (Allegany-Limestone Administrators’ Handbook, 2002).
 * __<span style="font-family: 'Times New Roman',serif; font-size: 12pt;">Lunch Time and Recess Covered __**