To comply with new federal legislation, the Ohio Department of Education is requiring public schools to certify they have no policy against a student's right to pray in school.
As part of the No Child Left Behind Act of 2001, the federal legislation emphasizes a student's First Amendment right of free speech by allowing prayer before, during and after school, as long as the prayer creates no disturbance and is not done during instructional times.
The law also states school officials cannot promote religion or officially sponsor it in school functions such as graduation, however, students still individually have that right.
"The First Amendment forbids religious activity that is sponsored by the government, but protects religious activity that is initiated by private individuals ... students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," the legislation says.
The new federal regulation attempts to gain a compromise in the debate over the separation of church and state. Those who prefer no religion in schools say school sponsorship of religion would disrupt the air of neutrality on what schools teach. Others who vouch for religion in schools say that the morals and values of religion can be taught to students without favoring any one religion.
The deadline for schools to comply with the new federal regulations is this weekend. Districts that do not comply risk losing federal education dollars. Most Washington County schools officials said their districts are already complying with new rules, requiring only slight changes to existing school board policies.
"Our policies comply," Warren Local Superintendent Bob Scott said. "I think our board feels that prayer is a big part of our lives in this community and they wouldn't do anything to deter it."
The legislation puts in writing the who, what, when, and where of religion and schools. Public schools cannot prohibit student prayer during non-instructional times or exclude religious groups from forming religious clubs such as organized "See You at the Pole" meetings.
Warren High School student Evan Woods, 18, said sometimes students hold a prayer breakfast in the morning before school.
"Some volunteers donate food to eat and we have a group discussion followed by a prayer," Woods said. Religious clubs such as the Fellowship of Christian Students are also allowed to organize and meet at the school, Woods said.
The federal legislation protects students who express religion in homework, artwork and oral presentations. Just like any opinion expressed in student work, teachers are advised to grade the assignments only on the academic content and standards.
The same freedom of student expression applies at school assemblies and functions such as graduation. Students are free to talk about religion in their speeches individually, but school officials cannot promote or lead a group prayer. Additionally, school officials cannot choose student speakers based the speech's religious or anti-religious content.
The laws restrict a school employee's religious activity only to the extent of their official actions as a teacher or administrator. For example, a teacher can participate in religious activities with students before or after school and they can also use break time to pray.
Recent state legislation signed by Ohio Gov. Bob Taft also allows school boards the right to establish a moment of silence during the school day. Teachers are not allowed to encourage nor discourage students from praying during this time.
Fort Frye Superintendent Bob Heinlein said he is pleased with the new state guidelines passed by his district's school board last month.
"It's something we have in writing and it's clear what we can and can't do," Heinlein said. The superintendent said being located in largely conservative southeast Ohio has yielded near to no problem with protecting a student's freedom of religious expression.
Ohio Department of Education Communications Director Patti Grey said the new state and federal requirements shouldn't be a big change for most Ohio schools. She would not release the names of schools that had complied or not complied with the new legislation, saying the state was giving some schools a little extra time to include the new policies.
Rick Dickinson, general counsel to the Ohio School Boards Association, said the new the federal legislation applies to almost anyone within the schools, except the school board members. At several Washington County school districts' board meetings, school board members begin the meeting with a prayer.
"That's only a problem if anyone were to raise the issue," Dickinson said. "Technically, they are not supposed to do it, but it's up to the community on whether someone wants to challenge it."
Heinlein said Fort Frye school board members lead a prayer, but they do so before the school board meeting officially starts to avoid any conflict.
New federal legislation is protecting a student's freedom to pray in school. A student can pray or express religion during:
* Non-instructional times during school
* Anytime before or after school
* At any school event, such as graduation
* In homework, artwork or presentations
-Praying during these times is allowed, provided the student does not create a disruption.
New state and federal legislation may protect a student's freedom to pray in public schools, but in some western states the Pledge of Allegiance is being questioned because of two words: "under God."
The 9th U.S. Circuit Court of Appeals in San Francisco recently stood by an earlier ruling that the words "under God" violated the Constitution's prohibition against school sponsored religion. A final decision still is pending and would directly affect nine western states. It's possible the case could be appealed to the U.S. Supreme Court.
Only then could the case impact schools nationwide. Ohio Department of Education Communications Director Patti Grey said, according to existing state law, each district can decide how to incorporate the pledge into the school day.
"The school's board of education needs to adopt a uniform policy, but the policy cannot force a student to recite the pledge," Grey said.
Other than those regulations, most decisions lie with the individual districts she said. For example, schools can decide to recite the pledge daily or just once a week.
Warren Local Schools Superintendent Bob Scott said most Warren students recite the pledge daily. In his opinion, the pledge does not violate the Constitution.
"I think those types of words are part of our heritage and who we are," Scott said. "For this area, it's is very appropriate for us and we are backed strongly by the community."
Scott said he isn't surprised by the challenges. They seem to come every couple of years, he said.
"Things like 9/11 and war with Iraq bring the debate back to the focal point," Scott said.
Marietta City Schools Superintendent Greg Backus said he thinks the pledge is a good symbolic show of patriotism, but it's a student's choice whether to participate.
The national American Legion released a statement Friday saying the organization would lead an effort to appeal the 9th U.S. Circuit Court ruling to the U.S. Supreme Court.
Marietta American Legion Post 64 member Jim Fernihough said he strongly supports the Legion's decision to challenge the ruling.
"There's too many people who fought and died it for them to mess with the pledge," Fernihough said.