12-01-2000 In aftermath of 'Satan' lawsuit a new policy

By FRANK NARDOZZI THE RECORD‑REVIEW

In response to some public criticism and lawsuits brought by parents alleging an unconstitutional endorsement of religion, the Bedford Central School Board has drafted a revision of its policy on religious liberty and expression.

The board decided at its meeting on Wednesday, Nov. 29, to post the draft revision on its Web site. The public is being asked to comment on it by letter or E‑mail to Dr. Bruce Dennis, superintendent of schools, by, Jan. 5. The school board will consider final adoption of the new policy at its meeting on Jan. 10.

For those residents with computers or access to them, the school district's Web address is www.bedford.k12.ny.us. Copies of the draft revision are also available at the school districts administration building on the Fox Lane campus.

Dr. Dennis' E‑Mail address is bdennis@bedford.kl2.ny.us. His mailing address is P.O. Box 180, Mount Kisco, 10549.

The controversy over religion in the schools arose when three Pound Ridge families sued the Bedford Central School District alleging that some of its classes and activities, regarding respect for the earth and foreign cultures amounted to an unconstitutional endorsement of religions.

Twelve of 15 complaints were dismissed by a federal court. The remaining three, which were upheld, involved the sale and use of "worry dolls," the making of likenesses of a Hindu god by fourth graders and Earth Day ceremonies at Fox Lane High School that seemed too much like a religious ritual. The case is being appealed by both sides in the U.S. Court of Appeals in New York.

Previous school policy

The previous school district policy, entitled "Recognition of Religious ,Beliefs and Customs: School Ceremonies and Observations," was adopted by the school board in October 1975. The policy stated:

"It will be the policy of the Bedford Central Schools to reaffirm the basic American tradition of separation of church and state. The proper place for religious observance is in the home and places of worship.

"This policy should not be construed, however, to require that religious beliefs and custom be ignored. It is desirable and proper that our students learn about the religious beliefs of all peoples. The nature of sectarian beliefs, therefore, may be described and discussed in classrooms at all grade levels, to encourage recognition and respect, not to instill belief.

"The significant holidays of the major religions to which citizens of our district subscribe should not be ignored. These may be given appropriate recognition with care taken to insure that the policy of encouraging recognition and respect rather than belief be enforced."

The draft revision put forward by the school board on Wednesday is 27 paragraphs long and took more than a year to research and write, according to School Board Member Elin Sullivan, policy committee chairwoman, and committee member Paula Kumar.

In drafting the new policy, the committee endorsed sections of the U.S . Department of Education's guidelines regarding religious expression in the public schools, which were promulgated in August 1995.

The committee also endorsed standards and principles enunciated by the U.S. Supreme Court and lower federal courts with regard to First Amendment guarantees of free speech and freedom of religion, free from the state establishment of religion.

First Amendment guarantees

The draft policy revision states that these First Amendment guarantees "impose the obligation on public school officials to ensure that school districts remain neutral towards, and neither sponsor nor burden, any religion or other belief system.

"School officials must not endorse religious activity or doctrine. Teachers and administrators, when acting in such capacities, are representatives of the state and are prohibited by the Establishment Clause from soliciting or encouraging religious activity, such as prayer, and from leading or participating in such activity with students.

"At the same time, school officials may neither forbid nor discourage students acting on their own from expressing their personal views or beliefs, or from participating in student activities, solely because they are of a religious nature, provided that they do so in a non‑disruptive manner when they are not engaged in school activities. Neither may school officials solicit or encourage antireligious activity.

"The U.S. Supreme Court has held that a school district many not take

Affirmative steps to create a vehicle for prayer to be delivered at school assemblies or via a school's public address system. As such, school districts many not mandate, organize or permit the public recitation of prayer as part of a graduation ceremony or athletic event, whether or not student initiated."

On the subject of teaching about religion, the draft policy revision states:

"The Board of Education recognizes its responsibility to teach students about religion and the role religion plays as a vital force in the development of civilizations, as well as to foster a respect for individuals religious beliefs. In addition, the Board believes that it is the duty of the school district to ensure that 'every student fully understands the principle of religious freedom that is part of this country's heritage.

"To fulfill these acknowledged responsibilities, the Board encourages factual and objective teaching about religion. Instructional programs will be encouraged that: (1) focus on the role that religion has played in history or in the development of a society or culture, and (2) educate students about the principle of religious liberty as one of the central elements of freedom and democracy.

"Public schools may not provide religious instruction, but they may teach about religion. Permissible public school subjects include the Bible or other scripture as doctrine, the Bible or other scripture as literature, the history of religion, comparative religion, the role of religion in the history of the United States and other countries, and religious influences on the arts, social studies and literature.

"No teacher shall coerce or encourage any student to participate in any prayer or invocation of a religious nature to any deity or undertake any such activity involving students on school property."

"Religious holidays ‑ including, but not limited to, Christmas, Hanukkah, Easter, Ramadan, Passover and Kwanzaa ‑ offer public schools with the opportunities to teach students about religious and cultural traditions and beliefs, taking cognizance of the fact that religious holidays are observed differently by different peoples. Such teaching must be factual and may include discussions of the origins and historical and cultural significance of religious holidays. Such teaching must not be devotional in nature and must avoid the implication that religious doctrines on which such holidays are based have the support, the endorsement or the disapprobation of the school district or school personnel."

"Plays, assemblies, concerts and‑other activities related to religious holidays are permitted to the extent that they adhere to the criteria stated above and serve an educational purpose for all students. In planning activities related to a religious holiday, special effort should be made to ensure that the activity provides objective and factual information about the holiday, emphasizes the important positive values of the holiday that are shared by all people, is not devotional, and does not promote or disparage religious belief. For example, to this end, religious music should not dominate the selection of music."

"Subject to applicable State law, school officials exercise substantial discretion to excuse individuals from curriculum or lessons on religion grounds. Students have a Federal right to be excused from lessons, which substantially burden ‑ and which are not merely inconsistent with ‑ the student or students' parents' sincerely‑held religious beliefs. School officials, however, many neither encourage nor discourage students from seeking to be excused."