By Amy Gatley.
Published: October 1, 2003
A lawyer with the Tennessee Department of Education (TDOE) seeks to clarify misconceptions about the interaction between church and state in schools. Christy Ballard, general counsel for the TDOE, emphasized that while there are limits to religious discussions in schools, the notion of a complete separation is a myth. She noted that local school officials must determine when those limits are crossed and whether an incident constitutes harassment.
**On Tuesday, from Nashville, she said she cannot comment on the suspension of two Colonial Heights Middle School students—one for encouraging another to place a religious pamphlet on a teacher’s desk, and the other as an accessory.**
Ballard explained that Tennessee schools are required to neither advance nor inhibit religion, and discussion of religion in schools is permitted. According to Tennessee Code Annotated 49-6-2904, students have the right to pray in public school vocally or silently, express religious viewpoints, share those viewpoints with peers, and possess or distribute religious literature, subject to reasonable time, place, and manner restrictions.
Students may engage in these activities as long as they do not infringe on the school’s rights to maintain order and discipline, disrupt the educational process, determine curriculum and assignments, or harass or coerce others into participating.
“There are a lot of myths that students can’t read a Bible in school or express their points of view, which is not what the First Amendment says… All it is meant to do is clarify that when we talk about the separation of church and state, we don’t want schools to sponsor religious activities or to impress religious viewpoints on children,” Ballard said.
“But at the same time, students can still express their viewpoints as long as they don’t disrupt the educational process or they are not trying to coerce or harass other students and faculty,” she added.
Teachers are also allowed to pray in school, read religious material during non-instructional time, and meet with other school employees for prayer, provided they do not interfere with the rights of others, disrupt the educational process, or coerce participation.
When it comes to discussing religious beliefs with students, Ballard noted that most teachers prefer to avoid the topic to prevent inadvertently infringing on others’ rights.
“I think that most teachers are going to say that my religious beliefs are not relevant to this discussion,” Ballard said. “The bottom line is it depends on what is said, and the main point that school officials have to be careful of is trying to impress a viewpoint. It’s such a sticky situation to make sure you don’t violate a student’s First Amendment rights that teachers are very hesitant to discuss the topic at all.”
Copyright 2003, Kingsport Times-News.
