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A Parents' Guide to Religion in Public School

Is it legal for my child to pray at school? Is it okay for the chorus to sing Christmas carols? Here are the answers to your most pressing questions about religion at school.

Student Religious Symbols

May students wear religious garb and display religious symbols in public schools?

Yes. Students who must wear religious garb such as head scarves or yarmulkes should be permitted to do so in school. Students may also display religious messages on clothing to the same extent that other messages are permitted.

May students distribute religious literature in the schools?

Generally, students have a right to distribute religious literature on public school campuses subject to reasonable time, place and manner restrictions imposed by the school. This means that the school may specify at what times the distribution may occur (e.g., lunch hour or before or after classes begin), where it may occur (e.g., outside the school office), and how it may occur (e.g., from fixed locations as opposed to roving distribution). These restrictions should be reasonable and must apply evenly to all non-school student literature.

Public schools may prohibit the distribution of some literature altogether. Some examples would be materials that are obscene, defamatory, or disruptive of the educational environment.

May students be released for off-campus religious instruction during the school day?

Yes. The Supreme Court has long recognized that public schools may choose to create off-campus released time programs as a means of accommodating the needs of religious students and parents. The schools may not encourage or discourage participation, or penalize students who do not attend.

Excerpted from "A Parent's Guide to Religion in the Public Schools." Reprinted with the permission of The Freedom Forum First Amendment Center. This pamphlet is endorsed by the National PTA.

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