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February 10, 2003
Union Of Orthodox Jewish Congregations Welcomes New
Federal Guidance On Constitutional Parameters For Religion In Public
Schools
Today, the Union of Orthodox Jewish Congregations of
America welcomed the release late last week by Secretary of Education Rod
Paige of federal “Guidance on Constitutionally Protected Prayer in Public
Elementary and Secondary Schools.” The Guidance document was mandated by
the education reform legislation passed last year by the U.S. Congress.
The law requires that in order to receive federal education funds, public
school districts must ensure and certify that their policies do not
infringe upon the constitutionally protected religious liberties of their
student population. The Guidance document is intended to help local
officials examine their policies in this light.
The Guidance document follows in the path of similar documents issued
previously by the Clinton Administration; it relies primarily upon
analysis of Supreme Court rulings in the arena of educational institutions
and religion. What is new, however, is that under the newly enacted law,
this Guidance is not merely rhetorical – the prospect of losing federal
funds will prod compliance. The Guidance document recognizes the basic
principle that the “First Amendment forbids religious activity that is
sponsored by the government but protects religious activity that is
initiated by private individuals.” The Guidance further notes the Supreme
Court’s recognition that students do not “shed their constitutional
rights…at the schoolhouse gate.” Thus, the Guidance provides that while
schools and their officials may not mandate religious expression, they may
also not interfere with religious expression undertaken privately and
freely by students.
Union public policy director Nathan Diament issued the following
statement:
The Union of Orthodox Jewish Congregations welcomes the new Guidance
document issued by the Department of Education. As part of its landmark
education reform legislation last year, Congress and the President
recognized that in too many instances, public school officials have
demonstrated a lack of sensitivity to the religious liberties of students.
The Guidance will be a useful tool in promoting religious liberty for
America’s student population.
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