l. PURPOSE
The purpose of this policy is to identify the status of religion as it pertains to the programs of the Moorhead Area Public Schools.
ll. GENERAL STATEMENT
The proper role that religion plays in the Moorhead Area Public Schools is in its educational value rather than its observance or celebration. This value is based upon its important cultural element whose effects have been felt throughout history.
The Moorhead Area Public Schools should play a vital role in bringing about an understanding among people of different backgrounds. Teaching about religions as literature, and the role of religion in the history of the United States and other countries can help achieve this understanding.
The choice of what to believe is, and should be, left solely to the individual. Each person is free to choose or reject any belief without interference from either government or other members of the community. The choice made by each person and family is entitled to the greatest respect. The Moorhead Area Public Schools shall marshal its forces to maintain the dignity of each religious preference or absence of the same, and the sanctity of that belief for each individual home. No person should be put in an embarrassing position because of personal or family choice.
Moorhead Area Public Schools policy regarding the relationship between religion and public education is intended to ensure freedom, protection, sensitivity, acceptance, and appreciation for students, employees, parents, and the community as a whole.
Moorhead Area Public Schools shall implement the rules and regulations identified in this policy that speak toward the teaching of religious symbols, musical programs, concerts, advertising religious activities, and the school calendar.
A. Moorhead Area Public Schools shall neither promote nor disparage any religious belief or nonbelief. Instead, the school district encourages all students and employees to have appreciation for and tolerance of each other's views.
B. Moorhead Area Public Schools also recognizes that religion has had and is having a significant role in the social, cultural, political, and historical development of civilization.
C. Moorhead Area Public Schools recognizes that one of its educational objectives is to increase its students' knowledge and appreciation of music, art, drama, and literature which may have had a religious basis or origin as well as secular importance.
D. Moorhead Area Public Schools supports the inclusion of religious music, art, drama, and literature in the curriculum and in school activities provided it is intrinsic to the learning experience and is presented in an objective manner without sectarian indoctrination.
E. The historical and contemporary values and the origin of various religions, holidays, customs, and beliefs may be explained in an unbiased and non-sectarian manner.
III. RESPONSIBILITY
A. The Superintendent shall be responsible for ensuring the study of religious materials, customs, beliefs, and holidays in the school district is in keeping with the following guidelines:
- The proposed activity must have a secular purpose.
- The primary objective of the activity must be one that neither advances nor inhibits religion.
- The activity must not foster excessive governmental relationships with religion.
- Notwithstanding the foregoing guidelines, reasonable efforts will be made to accommodate any student who wishes to be excused from attendance at school for the purpose of religious instruction or observance of religious holidays.
IV. RULES AND REGULATIONS
The Superintendent is granted authority to develop and present for board review and approval directives and guidelines for the purpose of providing further guidance relative to the teaching of materials related to religion.
A. Non-Promotion or Disparagement of Religions - The school district shall neither promote nor disparage any religious belief or non-belief. Instead, the school district encourages all students and employees to have appreciation and tolerance of each other's views.
B. Academic Study About Religions - The school district supports the inclusion of religious music, art, drama, and literature in the curriculum and in school activities provided it is intrinsic to the learning experience and is presented in an objective manner without sectarian indoctrination.
C. The Use of Religious Symbols - Religious symbols are sacred to particular faiths and have their place in places of worship or home. The use of religious symbols in the school shall be encouraged only in the academic study of religions; that is for temporary periods in connection with educational purposes.
D. Musical Programs and Concerts - Musical programs prepared for or presented during school hours shall not be religious or religiously oriented. However, the school district recognizes that one of its educational objectives is to increase its students' knowledge and appreciation of music which may have had a religious basis or origin as well as secular importance. Consequently, such programs may include religious music to the extent presentation of the music advances an educational objective and is presented in an objective manner without religious indoctrination.
A volunteer group practicing outside the school day, school day defined as 30 minutes prior to or 30 minutes immediately following the regularly scheduled student day, may present a program of religious music in the school outside of school hours, subject to, and in conformance with, the school policies and rules governing the use of school facilities equal access.
At all levels of education, the study of religious music as a part of a music appreciation course, musical experience, or as part of a study of various lands and cultures is appropriate as is the study of secular music.
E. Advertising Religious Activities - The advertising of religious activities and distribution of religious literature shall be on the same terms and conditions as permitted for other advertising or literature that is unrelated to school curriculum or activities.
F. School Calendar - The school calendar should be designed to encourage sensitivity for religious holidays, Sabbaths, and holy days of all faiths.
If conflicts occur, care should be taken to modify lesson activities or other activities which will be difficult to make up.
G. Religious Excusals - In the event, a student and/or student's parent/guardian finds a lesson objectionable based on the student's or student's parent's/guardian's religious beliefs or other conscientious grounds, the student and/or student's parent/guardian may seek excusals therefrom through the building administrator. The building administrator shall work with the student and/or student's parent/guardian to arrange for such excusals unless there are clear issues of overriding concern that would prevent it.
H. Reasonable efforts will be made to accommodate any student who wishes to be excused from attendance at school for the purpose of religious instruction or observance of religious holidays.
Legal References:
U. S. Const., amend. I
Minn. Stat. 120A.22, Subd. 12(3) (Compulsory Instruction)
Minn. Stat. 120A.35 (Absence From School for Religious Observance)
Minn. Stat. 121A.10 (Moment of Silence)
Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971)
Florey v. Sioux Falls Sch. Dist. 49-5, 619 F.2d 1311 (8th Cir. 1980)
Stark v. Indep. Sch. Dist. No. 640, 123 F.3d 1068 (8th Cir. 1997)
Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 120 S.Ct. 2266 (2000)
Tangipahoa Parish Bd. of Educ. v. Freiler, 530 U.S. 1251, 120 S.Ct 2706 (2000)
LeVake v. Indep. Sch. Dist. No. 656, 625 N.W.2d 502 (Minn. App. 2001)
Good News Club v. Milford Central School, 533 U.S. 98, 121 S.Ct. 2093, 150 L.Ed.2d 151 (2001)
Doe v. School Dist. of City of Norfolk, 340 F.3d 605 (8th Cir. 2003)
Wigg v. Sioux Falls Sch. Dist., 382 F.3d 807 (8th Cir. 2004)
Roark v. South Iron R-1 Sch. Dist., 573 F.3d 556 (8t Cir. 2009)
Child Evangelism Fellowship v. Minneapolis Special Sch. Dist. No. 1, 690 F.3d 996 (8th Cir. 2012)
Child Evangelism Fellowship v. Elk River Area Sch. Dist No. 728, 599 F.Supp.2d 1136 (D. Minn. 2009)
Minn. Op. Atty. Gen. 169-J (Feb 14, 1968)
Minn. Op Atty. Gen. 169-K (Oct. 21, 1949)
Minn. Op. Atty. Gen. No. 63 (1940)
Minn. Op. Atty. Gen. No. 120 (1924)
Minn. Op Atty. Gen. No. 121 (1924)
Cross References:
Moorhead School Board Policy 501: Equal Educational Opportunity
Moorhead School Board Policy 515: School District Student Attendance
Moorhead School Board Policy 630: Organization of School Calendar and School Day
Moorhead School Board Policy 702: Equal Access to Moorhead Area Public Schools Facilities
MSBA/MASA Model Policy 609 (Religion)