I Coleman Week 7 Assignment

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University of Texas *

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5390

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Law

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Jan 9, 2024

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docx

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Week 7.4 - Assignment: Exploring Issues in School Law Inger R. Coleman Educational Leadership, University of North Texas EDLE 5390 Campus Level School Law Professor- Dr. William Camp 07/23/2023

Question 1 How has the present Supreme Court reversed its earlier stand on separation of Church and State as guaranteed by the “Establishment Clause”? How has interpretation of the “Free Exercise Clause” been used in this change? Use (more recent) statutes, administrative law, and cases to discuss this answer. The conservative majority on the Supreme Court made it known that there’s not much allowance for the separation of church and state in its regressive constitutional framework. For almost seven decades, the court has recognized that both First Amendment’s religion clauses are vital to protecting religious freedom: The Establishment Clause protects against governmental endorsement and imposition of religion, and the Free Exercise Clause ensures the right to practice your faith without harming others, but that is no longer. The court has increasingly treated the Establishment Clause as a movement of history. In Carson v. Makin, the court held for the first time that a state must fund religious activity as part of an educational aid program. For many years, the court rejected attempts to direct government funds to religious uses. In the Carson case six justices disregarded these historical church-state concerns. According to the court, state funding of religious indoctrination is not only permissible, but now required in some circumstances. The Carson majority firmly placed the free-exercise rights of the Christian plaintiffs over the Establishment Clause rights of the broader public. (Mach&Weaver, 2023) Question 2 Can schools limit religious groups’ access to the schools? Does it make a difference if it occurs during school or when school is not in session? Cite works you use. Courts have defined four different types of forums: traditional, designated, limited, and nonpublic. School district property is almost never considered a traditional public forum (Chiu v.

Plano Independent School District, 260 F.3d 330 (5th Cir. 2001). Even if it were, the district could exclude content if the district asserts a compelling governmental interest that is narrowly tailored to address that interest, a standard referred to as the strict scrutiny standard. Acting as a nonpublic forum, a school can limit access to any outside group if they are consistent with the rules. However, if the school opens its grounds to public use, there are designations as either a designated public forum or a limited public forum. (2022) Question 3 Can school leaders limit the religious content in schools including graduation ceremonies or handing our religious materials from student to student? Can band directors or choir directors use religious-based music in school performances? Public school students have a right to distribute religious literature to their schoolmates on the same terms as they are permitted to distribute other literature that is unrelated to school curricula or activities. Schools may impose the same reasonable time, place, or manner restrictions on distribution of religious literature as they do on non-school literature generally, but they may not target religious literature for more permissive or more restrictive regulation (2023). School officials may not mandate or organize religious baccalaureate ceremonies. On the other hand, if a school makes its facilities and related services available to other private groups, it must make its facilities and services available on the same terms to organizers of privately sponsored religious baccalaureate ceremonies. In addition, a school may disclaim official sponsorship or approval of events held by private groups, provided it does so in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech (2023). It is an allowable act to study religious influences on philosophy, art, music, literature, and social studies. Public schools may allow student choirs, or bands, to perform music inspired by or based

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