Your Constitutional Rights as a Christian Student.

In America, words like Rights, Freedom, and Liberty are thrown around casually and constantly. But, chances are, if you asked 10 of your Christian friends if they could specifically name their legal religious rights relating to school, you probably would see a lot of shoulder shrugging, maybe a few would mumble something about “freedom of religion and speech.” But what does that actually MEAN??? When it comes to exercising your faith at school, whether prayer, witnessing, or bible study, what EXACTLY can you legally DO and NOT DO?
          * Can the principal deny your application for a Bible Club?
          * Can the School forbid you from handing out gospel tracts on school property?
          * Are Christian groups allowed to use school facilities during the evenings and weekends for Christian functions like concerts or revivals?
The answers to all of these and many more issues may surprise you.

Since the foundation for our liberties is generally found in the Constitution, let’s take a quick look at what the founding fathers actually wrote. The primary sections regarding the freedom of speech and religion are found in the First Amendment, which says:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

— The First Amendment to the U.S. Constitution

It all seems like it would be fairly straightforward and simple, and everyone should know their proper place. But the problem is that people must INTERPRET LAWS written by others, and hundreds and thousands of legal challenges over the years have allowed judges to “define” and “explain” what the laws should really mean. And, depending on the court or the judge, the laws could be interpreted according to the personal bias of the court. There are so many thousands of cases where small-but-important differences of interpretation of the legal code are set forth, that the average young person (without years of legal training) would feel overwhelmed and confused.

Here at www.DEFENDyourFAITH.com, we are not lawyers, and we are not law experts. But, we have pulled together some of the best information and resources from across America to help you answer important legal questions about your freedom of faith in America’s schools. Remember: the law is on YOUR side. You have more rights to practice your faith than any government agency possesses to stop you. Let’s jump feet-first into specific information to help you make a stand, or to challenge those who would try to deny your constitutional rights.

FREEDOM OF SPEECH & EXPRESSION:

This would apply to your Witnessing Rights, what can you say/do and how and when can you say/do it?
Let’s look at specific examples:

A student may witness, share their faith, and discuss Christian topics during NON-INSTRUCTIONAL TIME with willing students.

What is NON-INSTRUCTIONAL TIME?

Free time before school
Between classes
Breaks and/or lunch time
Times during class designated as FREE TIME by the the teacher
After school

RELATED ARTICLES:

Student Rights Briefing
A Joint Statement of Current Law
Student Rights
Student Rights in Public School
Free Speech Rights in Public Schools
Brief B-35 Free Speech in Public Schools
Students Rights Guaranteed
Witnessing
Federal Guidelines on Religion in Schools

A student can discuss religious topics out-loud during class as long as the content of their speech is consistent with what is being discussed or studied at the time.
A student MAY NOT try to use the "captive audience" of their fellow classmates as a platform to hold an informal church service or purposely seek to subvert the discussion in favor of a religious discussion. This would be a bad testimony. If there is a clear opportunity to speak up for truth and for the Lord, it will usually be obvious.

RELATED ARTICLES:

Student Rights Legal Briefing
Student Rights
Student Rights in a Public School
Religion in Public Schools
Knowing Your Rights
Public School Issues
Students' Free Speech Rights in Schools
Brief B-35 Free Speech Rights in Schools
Students' Rights on School Campuses
Defending Freedoms in Public Schools

A student can give oral reports (and written reports) concerning issues of faith, provided the assignment could include that option.
(Seek to follow the guidelines listed in example above.)

A student can distribute Christian materials during non-instructional time in the normal gathering areas of students
(hallways, school grounds, lunch room, etc., but the exact times and locations may be subject to school policy, check with your principal)

ACCEPTABLE MATERIALS FOR DISTRIBUTION:

-Gospel tracts
-Bibles and Bible study materials
-Flyers and posters announcing upcoming Christian concerts and meetings
-Just about any Christian written material provided that the student is NOT DISRUPTING THE NORMAL LEARNING PROCESS, and that the material is not prejudicial, hateful, or strongly offensive.

RELATED ARTICLES:

Distribution of Christian Literature
Student Rights Legal Briefing
A Joint Statement of Current Law
Right to Distribute Gospel Literature
First Amendment Pamphlet

A student may wear clothing such as religious T-shirts, and display religious jewelry or symbols, as long as other secular styles are allowed
(This does not apply for schools that are uniform-only)
If your school allows students to wear rock-n-roll band T-shirts or Sports Teams clothing then you are OK!

RELATED ARTICLES:

Laws Regarding Religious Clothing
Religion in Public Schools
Pamphlet- Rights of Christians
Students' Rights on Public School Campuses
Christian Clothing

FREEDOM OF RELIGION:

This would apply to the practice of your faith, activities like Bible reading, prayer, and worship.

A student may have their Bible at school and read it openly during non-instructional time.

RELATED ARTICLES:

Students Rights Guaranteed
Are students allowed to bring Bible to school
Religious Expression In Public Schools

A student may pray during the school day, as long as it is not disruptive to the educational process.
And, YES, it’s OK to bow your head and give thanks for your lunch (even though it is hard sometimes to give thanks for SCHOOL FOOD!) You may pray during instructional time as long as it does not prevent you from fulfilling normal classroom expectations.

RELATED ARTICLES:

Prayer
Religion in Public Schools
Students Rights Guaranteed
Prayer Links
See You At The Pole
FAQ About See You At The Pole
Prayer at school board meetings
Is it legal for a student to pray at school

If a section of a class is directly OFFENSIVE to your faith, such as a unit on EVOLUTION in Biology Class, you may request to OPT-OUT of that particular section or part of the class.
You will be required to do compensatory assignments. Government agencies are forbidden by law from being anti-religious, in other words, a government agency such as a public school cannot force you to endure teaching or activities that are opposed to your faith. Government must maintain NEUTRALITY towards religion...neither for it or against it.

RELATED ARTICLES:

Parental Right to Opt Children Out of Objectionable School Curricula; Memorandum ...
Knowing Your Rights
Public School Issues
Parental Rights and Opt-Out Policies
Opting-out

Student-initiated prayer and Religious Speech at Graduation Ceremonies and Sporting Events has not clearly been decided by the courts as of yet. Some cases it has been upheld as Constitutional, and others not. In Cole v. Oroville Union High School District, the Ninth Circuit Court (NOT the Supreme Court) allowed a school to censor references to Jesus Christ from a student's speech at graduation to avoid a violation of the Establishment Clause. This only applies to schools in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington State.

RELATED ARTICLES:

Is prayer at public school graduation ceremonies constitutional
Graduation Prayers in Public Schools
Prayer at Public High School Graduation

RIGHTS CONCERNING CHRISTIAN CLUBS AND EVENTS: (EQUAL ACCESS LAWS)

This deals with issues involving the formation of Christian clubs and using school facilities for Christian meetings.

School facilities (gymnasium, classrooms, cafeteria, etc.) which are normally available for use after-hours by non-school agencies for events like speeches, concerts, receptions, service clubs, etc. must be available for Christian groups and events as well. The school may not censor the information that will be presented.

RELATED ARTICLES:

ACLJ responds to facilities use question
High court upholds religious access
Renting public school facilities
The Use of Public School Facilities by Religious Clubs or Groups

Students can form a Bible Club (or any Christian Organization), AS LONG AS YOUR SCHOOL ALLOWS NON-CURRICULUM STUDENT CLUBS.
(Example: If your school has a Chess club (and no chess class), or maybe you have a Stamp Collectors Club, or any club that is not directly related to a class, then you have the legal right to a Christian Club.

RELATED ARTICLES:

Press release on religious clubs
What Rights Do Students Possess
Religion in Public Schools
Public School Religious Clubs
Students' Rights on Public School Campuses
Defending Freedoms in Public Schools
Equal Access for Student
Bible Clubs
Equal Access in Public Schools

Guidelines for Christian Student Organizations

All Christian organizations must be student initiated and led. A Christian teacher cannot ask students to form a club. If you meet on campus, members of the faculty cannot control content or direct activities.

The school must provide you with a meeting room.

The school must treat your Christian group equally to other non-curriculum groups.

If other non-curriculum groups are allowed to use bulletin boards and signs, then they must make those available to your group as well.

Any other physical support, such as copiers, financial aid, yearbook exposure, school paper exposure, etc. that the school gives to other non-curriculum groups must be made available equally to Christian clubs.

All promotional activities afforded to non-curriculum clubs applies equally to Christian clubs, such as Intercom announcements, School club-fair display space, and school assemblies for clubs.

All of the rights listed above apply equally to PRAYER GROUPS.

Students may gather for group prayer during non-instructional time, regardless if they have a formalized Prayer Group or not.

Students may freely engage in events such as the National Day of Prayer and “See-You-At-The-Pole”.

“I FEEL LIKE MY RIGHTS HAVE BEEN VIOLATED…what now???"

HAVING THE RIGHT ATTITUDE IS THE FIRST STEP:

No one likes to be told they are wrong, and it is not good for a believer in the Lord Jesus Christ to arrogantly correct those in authority, such as school faculty, when it comes to disagreements over religious freedom. One method to handle a possible violation of your Constitutional rights would be as follows:

2. Pray, pray, and then pray some more. Ask God for wisdom and patience, and ask the Lord to reveal what is right to all parties involved.

3. Make absolutely sure of the legality and legitimacy of your position. Don’t assume anything. Double-check your activities with the ones listed above. The items listed above have stood the test of repeated court challenges. If your particular issue is not substantially spelled out above, then contact a Christian Legal Counsel (Click here for a list of Free Legal Aid for students)

If it is an incident during class time, keep your peace, comply, and do not make a scene in front of other students, then arrange for a private meeting with the teacher during non-instructional time to discuss the issue.

If it involves an incident with school administration, such as a principal or superintendent, then do not cause a scene on the spot. Do not threaten to “sue.”. Again, comply and politely request a time for a personal conference with those in authority.

If it involves other students causing an infringement upon your rights, do not get into a heated argument or shouting match. Arrange for a meeting with the infringing person(s), school administration, and yourself, or representatives of your group.

5. During your meeting with school representatives, be polite and humble.
Do not DEMAND anything. They represent the school…as a Christian you represent CHRIST, stay true to how Jesus would act in the same situation.

6. Be ON TIME for your meeting, and dress appropriately. You don’t need a suit and tie, but if you are on “official” business, then look and act the part.

7. VERY IMPORTANT: BRING LEGAL FACT-SHEETS WITH YOU TO INFORM SCHOOL ADMINISTRATION:
We have materials on our website that you can download and print to bring with you to your meeting. These documents show the legal rights of students for Christian expression. Many times the school representative (usually the principal) does not clearly understand what the law allows, this is not because they do not care, it is difficult with their busy schedule to “be up on” everything relating to student’s rights, and they may be afraid of lawsuits from other students or the ACLU (especially if there is a misunderstanding about “separation of church and state”) Please print these out and take with you to give to them. They might put it into a file for future reference.

LEGAL FACT SHEET (html)
LEGAL FACT SHEET (doc)
Sample School Board Policy Regarding Religion (html)
The Rutherford Institute's legal sheet to school superintendents (html)

"I HAD A MEETING WITH SCHOOL ADMINISTRATION, THEY REVIEWED THE FACT-SHEETS, AND I BELIEVE THEY ARE STILL IN VIOLATION OF MY RELIGIOUS RIGHTS...now what???"
This is where things can get serious very quickly. Make sure that you have checked your heart and attitude, and that you are not acting in any prideful way. You serve the Lord, and you have no business making this a “personal crusade”. Do not seek to draw attention to yourself. Once again, cover all activities with prayer.
At this point it is best to contact a Christian Legal Defense Organization. We have a contact list below with emails, addresses, and phone numbers to get free legal counsel. Do not hesitate to contact them, this is the reason they exist…to help protect Christians from illegal infringements. They will need to get personal information from you, such as name, address, etc. so make sure that if you are under 18 years old you have an adult contact them for you.
The American Center For Law and Justice P.O. Box 64429 Virginia Beach, VA 23467 757-226-2489 www.aclj.org	Alliance Defense Fund 15333 North Pima Road Scottsdale, AZ 85260 800-TELL-ADF www.alliancedefensefund.org	Christian Law Association P.O. Box 4010 Seminole, FL 33775 727-399-8300 www.christianlaw.org	The Rutherford Institute P. O. Box 7482 Charlottesville, VA 22906-7482 434-978-3888 www.rutherford.org	Christian Legal Society 4208 Evergreen Lane Suite 222 Annandale, Virginia 22003-3264 Phone (703) 642-1070 Fax: (703) 642-1075 www.clsnet.org
Be patient. Legal matters take time to work through.
Not all cases end up in court. Sometimes just a reassuring letter from a Christian Legal Counsel to your principal or superintendent affirming the law will settle the issue.
Be prepared for some uncomfortable situations while the case is in dispute, but make sure your attitude is Christ-like at all times. REMEMBER: this is not against a PERSON, it is about legal rights. DO NOT MAKE IT PERSONAL!
Avoid publicity about the case in the local news. Primarily because you have no way to control HOW they will present the story. You could be made out to be a radical or troublemaker. Keep this between you, the school, and the court.
Do not discuss the case openly in front of groups of students. You may talk about it privately with friends, but control even this.

"PRAISE THE LORD! WE WON OUR CASE…now what???"

You’ve heard the saying that nobody likes a sore loser…well, no one likes a gloating or arrogant winner, either! Thank the Lord for the upholding of the law, and then humbly engage in the activity that was in dispute.

Do not act like a victorious general and “parade” your rights around like a trophy. This does not honor the Lord.

Do not allow yourself to harbor any grudges or bad feelings towards any member of school faculty who may have opposed your rights. The Word says to “render no man evil for evil.” The example of Jesus is to love those who hate us, and to show kindness to those who despise us. It may be your biggest witness.