Advocates for Faith and Freedom has increasingly seen the speech of Christian students silenced at public schools. We’ve represented students that were wrongly told they cannot talk about their faith or pray during their free time at school and that they cannot hand out flyers with religious content.
In preparation for three nationwide events coming up in the next few weeks, it is important that parents, students, and teachers are informed about their legal rights to participate in Constitution Day, See You at the Pole, and Bring Your Bible to School Day.
Constitution Day – Tuesday, September 17, 2019 In 2004, Congress passed a law designating September 17 as "Constitution Day and Citizenship Day." The law requires that every "educational institution that receives Federal funds for a fiscal year shall hold an educational program" on the Constitution on September 17 each year. This requirement applies to all public educational institutions in California.
Thus, not only do students and teachers have a right to participate in Constitution Day, it is in fact a requirement that our public schools observe this holiday. Parents can ask school administrators what they are doing to celebrate Constitution Day, and they can even ask to volunteer in their student’s class that day. (www.cde.ca.gov/ci/hs/im/constitutionday.asp.)
The reason Advocates exists is to protect our constitutional rights. It’s those constitutional rights and values – not race, ethnicity, or even religion – that bring us together as a nation and constitutional literacy will help us become better, more informed citizens.
See You at the Pole – Wednesday, September 25, 2019 Once a year, students from across the country participate in the annual See You at the Pole (SYATP) event where they gather around the flagpole before school and pray for their schools, fellow students, teachers, and communities.
Students have a constitutional right to participate in SYATP and to inform their fellow students about SYATP events through flyers, cards, and announcements as long as they do not materially disrupt the academic process while doing so. Good News Club v. Milford Central School District, 533 U.S. 98 (2001) (recognizing that the First Amendment protects students’ religious speech). School officials may neither discourage nor encourage student participation.
We have received several calls from teachers asking if they can participate in SYATP. The answer is “yes” but only when they are acting as a private citizen and not in their official capacities as representatives of the state.
Encourage your students to lead and participate in SYATP. And pray for them. They are taking a courageous and unpopular stand for their faith when they show up at their schools’ flagpole that morning to pray.
Bring Your Bible to School Day – Thursday, October 3, 2019 Bring Your Bible to School Day was started by Focus on the Family in 2014 as a way to empower students and allow them to participate in a visual reminder of their First Amendment rights. It is a day for students to not only bring their Bible to school, but also to share verses and tell their fellow classmates about the Bible during non-instructional time.
Federal courts have repeatedly upheld students' rights to bring their Bibles to school, to distribute them, and to respectfully discuss the bible as long as these activities do not materially disrupt school activities.
Bring Your Bible to School Day is a fun and easy way for students to express a core part of their identity as believers in Jesus. Moreover, it's vitally needed at this time in our culture.
We have seen firsthand how attacks on religious freedom are dramatically increasing in our society, and sadly, in the classroom. These upcoming events are much-needed reminders of our constitutional rights and that students' basic First Amendment rights cannot be erased. Any student, parent, or school official who believes that their rights to participate in these events have been violated should promptly call our office so that we can review the matter and potentially provide free legal representation.
In His grace,
Nada Higuera, Esq.
P.S. It is only through your faithful prayers and continued financial support that, our pro bono attorneys can continue our daily research, education and counsel for parents, students and teachers about their constitutional and parental rights. Thank you for your generous donations, which allow us to continue our important ministry.