Schools face loss of federal funds if they bar prayer

WASHINGTON -- Schools that don't allow students to pray outside the classroom or prohibit teachers from holding religious meetings among themselves could lose federal money, the Education Department said Friday.

The guidance reflects the Bush administration's push to ensure that schools give teachers and students as much freedom to pray as the courts have allowed.

The department makes clear that teachers cannot pray with students or attempt to shape their religious views.

"Public schools should not be hostile to the religious rights of their students and their families," Education Secretary Rod Paige said. "At the same time, school officials may not compel students to participate in prayer or other activities."

The instructions, released by the department late Friday, broadly follow the same direction given by the Clinton administration and the courts. Prayer is generally allowed provided it happens outside the class and is initiated by students, not by school officials.

In one significant change, teachers are permitted to meet with each other for "prayer or Bible study" before school or after lunch -- provided they make clear they are not acting in their "official capacities."

Also, students taking part in assemblies and graduation may not be restricted in expressing religion as long as they were chosen as speakers through "neutral, evenhanded criteria."

To avoid controversy, schools may issue disclaimers clarifying that such speech does not represent the school.

Such school gatherings have been at the heart of recent court rulings. In 2000, the Supreme Court ruled that prayers led by students at high school football games are unconstitutional. Yet in 2001, the Supreme Court refused to hear a case involving protests over student-led graduation prayers.

"I'm very excited about the clarity, and very optimistic that these guidelines will go a long way in solving issues related to students' religious speech," said Mathew Staver, president of Liberty Counsel, which promotes religious expression. "We will use these actively in dealing with schools, and we'll use them in cases we're litigating as well."

Countered Lynn: "If some student decides to turn a school assembly into a church service, that school will be sued. This doesn't insulate schools from lawsuits. It stretches to the breaking point what the courts have said on the topic."

The guidelines say students may "read their Bibles or other scriptures, say grace before meals, pray or study religious materials with fellow students during recess, the lunch hour or other non-instructional time." Schools may impose some rules about those activities but cannot discriminate against prayer or religious speech in doing so.

If schools have planned moments of silence, students may pray or not pray, and teachers may not encourage or discourage praying, the guidelines say. Religion-themed homework or artwork must be graded on an academic basis, not favored or penalized because of its content.

The guidelines do a better job of spelling out what's allowed in many cases, but in others, they may just cause more confusion, said Reggie Felton, lobbyist for the National School Boards Association. Giving teachers discretion to openly pray during breaks may cause problems, especially if it is not clear they are doing it outside their official roles, he said.

"I'm not suggesting that these are horrible guidelines," Felton said. "I'm just saying there are areas that will require more discussions with attorneys."

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On the Net:

Education Department: www.ed.gov/inits/religionandschools/