No Educator Left Behind is a series providing answers from the U.S.
Department of Education to questions about the federal No
Child Left Behind Act and how it will affect educators. If you have
a question about No Child Left Behind, send an e-mail to Ellen
Delisio, and we will submit your question to the Department of Education.
Question:
What are schools' responsibilities regarding constitutionally protected
prayer under the No Child Left Behind Act?
U.S. Department of Education:
In order to receive federal funds, a local education agency (LEA) must
annually certify in writing to its state education agency (SEA) that the
LEA has no policy that prevents or denies student and staff participation
in constitutionally protected prayer in its elementary and secondary schools.
LEAs are required to submit the certification to SEAs by October 1. By November 1, SEAs must notify
the Department of Education of any LEAs that have not filed certification.
No specific certification form for LEAs to use has been designated;
states should establish systems for processing certifications.
Some student activities that fall under constitutionally protected prayer
include
praying during non-instructional time, such as during recess or lunch;
reading religious texts during non-instructional time;
praying before meals; and
forming prayer groups or religious clubs that meet before or after
school.
Staff members also are permitted to meet with colleagues before school or
during lunch for prayer or religious study groups. Teachers are not permitted
to engage in those activities with students.
Students also may express their religious beliefs in homework, artwork,
and other written and oral assignments.
