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Texas ISD School Guide
Texas ISD School Guide







Articles for Teachers

Is There a Law About Hanging Up Christmas Decorations in Schools?
By:Melanie Aves

Hanging up Christmas decorations in public classrooms falls under the jurisdiction of the First Amendment, which says that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ..."

The U.S. Supreme Court ruled in the 1960s that public schools may not sponsor religious practices but may teach about religion. While it has made no definitive ruling on religious holidays in the schools, the Supreme Court has let stand a 1980 lower federal court decision stating that recognition of holidays may be constitutional if the purpose is to provide secular instruction about religious traditions rather than to promote the particular religion involved.

Separation of Church and State
While there is not a law, per se, specifically prohibiting the display of Christmas decorations in a school, because the First Amendment of the U.S. Constitution guarantees the separation of church and state, such a display can be challenged in the courts as a violation of First Amendment rights. It can be interpreted as the promotion of one particular religion (in this case Christianity) over all others.

When the First Amendment was signed into law, on Dec. 15, 1791, the authors were particularly concerned about preserving religious tolerance among the various sects of Christianity. Many of the early colonists came here to escape religious persecution, and freedom of religion was a right they cherished. Today, Americans respect the sensitivities of believers and nonbelievers, and the practices of all religions, including Christianity. The First Amendment continues to keep the public school environment neutral in regard to religion.

Guaranteeing Religioius Equality
"Education Law," by Michael Imber and Tyll Van Geel, states, "Authorities list 256 separate and substantial religious bodies to exist in the continental United States." If everything that is objectionable to each of these sects is removed from the curriculum, "we will leave public education in shreds," the book contends. School boards could become entangled in defining and censoring religious content instead of managing the educational system. A policy that prohibits religious promotion or practice in public schools except as part of a cultural or historical lesson protects everyone equally and avoids this entanglement.

Boards Develop Policies
To avoid costly and time-consuming challenges in the courts, public school districts develop written policies prohibiting the celebration of religious holidays such as Christmas and Easter. Pageants, music, decorations and food that could be interpreted to favor a particular religion are not permitted, unless they are part of a cultural or historical lesson. Students may opt out of participating in any activities that conflict with their personal beliefs.

Administrators Implement Policies
In practice, school administrators implement the policies regarding religious holidays within a district. The administrators must decide if a classroom display or activity is acceptable according to district policies regarding religious holidays. The idea is to present religious ideas and practices within the context of education, and to avoid promoting or tacitly disparaging any particular belief system.


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