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29 Apr, 2009

A Public Student’s Bill of Rights

Posted by: staff In: For Teens

There is often confusion among students, teachers, administrators and even lawyers and judges concerning what religious activities are allowed on public school campuses these days. Often events on the news make it seem that nothing concerning religion is allowed anywhere near public places. Fortunately, this is not true. This summary, written and copyrighted by J.W. Brinkley and Roever Communications should help you to be aware of your rights in this area:

  1. The Right to meet with other religious students.
    The Equal Access Act allows students the freedom to meet on campus for the purpose of discussing religious issues.
  2. The Right to identify your religious beliefs through signs and symbols.
    Students are free to express their beliefs through signs and symbols (including Christian t-shirts, etc.)
  3. The Right to talk about your religious beliefs on campus.
    Freedom of speech is a fundamental right mandated in the Constitution and does not exclude the schoolyard.
  4. The Right to distribute religious literature on campus.
    Distributing literature on campus may not be restricted simply because it is religious.
  5. The Right to pray on campus.
    Students may pray alone or with others so long as it does not disrupt school activities or is not forced on others.
  6. The Right to carry or study your Bible on campus.
    The Supreme Court has said that only state-directed Bible reading is unconstitutional.
  7. The Right to do research papers, speeches, and creative projects with religious themes.
    The First Amendment does not forbid all mention of religion in public schools.
  8. The Right to be exempt.
    Students may be exempt from activities and class content that contradict their religious beliefs.
  9. The Right to celebrate or study religious holidays on campus.
    Music, art, literature, and drama that have religious themes are permitted as part of the curriculum for school activities if presented in an objective manner as a traditional part of the cultural and religious heritage of the particular holiday.
  10. The Right to meet with school officials.
    The First Amendment to the Constitution forbids Congress to make any law that would restrict the right of the people to petition the Government (school officials). Freedom of speech is a fundamental right mandated in the Constitution and does not exclude the schoolyard.
  11. * Taken from Student’s Legal Rights by J.W. Brinkley/Roever Communications

    If you would like more information on your legal rightson campus, view the booklet on students rights at the American Center for Law and Justice.

2 Responses to "A Public Student’s Bill of Rights"

1 | Connie Callaway

September 15th, 2009 at 3:41 am

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I’m a school teacher and want to have a Bible Club in my middle school. I have been told that all clubs are being cancelled so that students can come to an after school All Stars program to help our school increase the FCAT score. Can a Bible Club still exist here?
Also, I have an old list of student’s rights which also lists the right : of Christian clubs to have equal access to public bulletin boards, public address systems, booths at orientations, and pictures in the yearbook. Has this changed?
Thanks!

2 | Ben

January 5th, 2010 at 11:19 am

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Connie, from what I understand is that the Equal Access Act (20 U.S.C. §§ 4071-74) allows student-led, special interest, non-curriculum clubs to organize in most U.S. high schools. This Act is only effective if there is already a group meeting this description. If the school is closing down all clubs and there is no longer a student-led club the school has a right to not allow a Bible Club anymore so long as they don’t allow any other clubs. The All Stars program they are starting could be counted as a curriculum-based program and thus couldn’t be used in the Equal Access Act.

If, however, there are student-led clubs, each club must have equal access to meeting spaces, the PA system, school periodicals, bulletin board space, etc. School officials do have the right to monitor meetings and can require all clubs to follow a set of rules. The school may also limit meeting times and locations, but must apply rules equally to all groups. The school may prohibit people from the community from attending student clubs but again, they must apply this rule equally to all groups.

Hope that helped a little!

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  • Ben: Connie, from what I understand is that the Equal Access Act (20 U.S.C. §§ 4071-74) allows student-led, special interest, non-curriculum clubs to org
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