Week 3 Assignment Template
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School
Lamar University *
*We aren’t endorsed by this school
Course
5321
Subject
Philosophy
Date
Dec 6, 2023
Type
Pages
2
Uploaded by DeanSnowQuail28
Week 3 Assignment Template
Read the two hypothetical situations from the assignment instruction. In a maximum of three
paragraphs, compare the situations and discuss why one, both or neither would constitute an
infringement of rights.
Scenario 1 shows unconstitutional practices of the school district part in regard to
religion.
The First Amendment Establishment Clause, “Congress shall make no law respecting
an establishment of religion . . . ,” prohibits school districts and their employees from
establishing religion. U.S. Const. amend. I. Schools must not advance, coerce, or endorse a
particular religion or religion over non-religion (TASB Policy On-Line, 2022). A school
practicing using Christian prayer on a campus where there are other religious groups attending
can cause issues such as the parents that are protesting that the school is forcing religion upon
their children. Though students are allowed to stay seated and not participate it is still exposing
them to this religion as well as singling them out as different which could in turn cause bullying
issues among students.
In scenario 2 this is excessive restriction done by the administrator. Looking at the
Equal Access Act requires school districts to allow student clubs of a religious nature to meet
on school property, subject to the same rules and privileges as other non-curricular student
groups (TASB Policy On-Line, 2022). Meaning all religions could be acknowledge throughout
the school if they so please and not just one specific religion is being pushed through out the
campus. In this case the administrator prohibiting all religious activity could in turn cause more
issues and is not protecting the school from potential lawsuits like explained in the scenario it is
just opening the floor for more potential lawsuits.
In both situations I think it is important as an educator and a leader to recognize and
consider the families involved. As well as the laws that are involved that we must follow.
Parents have parental rights and are protected under FERPA and as a school we have to work to
find the balance of respect between not forcing religion upon students but also allowing all
religion to be recognized. Forcing one religion throughout the entire campus is unconstitutional
however removing and forbidding all religion is not creating that respect either. It is our
responsibility to create a safe space for students to come and feel comfortable in whatever
religion and belief they may follow.
References
TASB Legal Services (2022, July).
Religion in the Public Schools
. Texas Association of
School Boards. Retrieved November 18, 2023, from https://www.tasb.org/services/legal-
services/tasb-school-law-esource/community/religion-in-the-public-
schools/documents/religion-in-public-schools.pdf
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