You are on page 1of 5

Portfolio Artifact #6 1

Portfolio Artifact #6:

Religion and Public Schools

EDU 201: Nevada School Law

Professor Warby

Cassidy Hart

3/5/2018
Portfolio Artifact #6 2

ABSTRACT

Teacher Karen White is dismissed from her job because of participating in events that

have a religious nature. I have presented four different cases, two that support the school and

their decision, and two that support the teacher. After summarizing and explaining each case,

I will come to a conclusion of how the court will rule Karen Whit’s case.

A kindergarten teacher named, Karen White, informed her students and their parents that

she could no longer lead or participate in certain activities because they were religious in

nature. This now meant that Karen White could no longer decorate the classroom for

holidays or plan activities such as the gift exchanges during the Christmas season. Karen

White also could not sing “Happy Birthday” or recite the Pledge of Allegiance. Parents

protested. The school principle, Bill Ward recommended Karen White’s dismissal based on

her ineffectively meeting the needs of her students.

Similarly, is the case McCollum v. Board of Education, which took place in 1948. In this

case, students were being excused from regular public classes to attend private religious

instruction, in another area of the school. This was ruled that it was unlawful because it

violated the establishment clause. “The court ruled that this practice violated the

establishment clause and that religious instruction may not take place on public school

property during school hours (Underwood, J., & Webb, 1948, pg221).” Released time can be

granted if it is off of the school grounds. In this case, students were not allowed to have

religious instruction given to them on the school grounds, during the school hours. Just as

Karen White is also not allowed to participate in school activities, that have a religious nature

with her students.


Portfolio Artifact #6 3

The Pierce v. Sullivan West Central School Dist. Case in 2004 was also similar to the

scenario with Karen White. In this case, it was determined that time could be released from

public schools for religious instruction if the instruction used no public funds, and had no on

site instruction (Underwood, J., & Webb , pg221). This is also similar to the scenario with

Karen White, because it proves that she was out of line when participating and teaching her

students religious based topics. She was at the school grounds when this was being done, and

school funds may have also been used at this time which puts her at fault.

The case Clever v. Cherry Hill Township is also similar to the case with Karen White. In

this case, cultural, ethnic and religious themes in school programs were being used. Parents

challenged the policies of the Cherry Hill Board of Education because the school used

religious symbols in Christmas programs (Clever v. Cherry Hill Township, par1). The court

ruled that, “religion is an acceptable subject of study in schools and that the use of religious

symbols to teach about religion must be treated as normal and constitutional activity –

including on the occasion of religious holidays (Clever v. Cherry Hill Township, 1993, par).”

The decision made allows for public schools to include specifically religious aspects to the

observance of or teaching about religious holidays (Clever v. Cherry Hill Township, par2).

This would also mean that Karen White would be allowed to teach her students Holidays that

have religious backgrounds.

The Lynch v. Donnelly case (1984) is also similar. In this case, a Christmas display was

erected in a shopping district. “The display included such objects as a Santa Clause house, a

Christmas tree, a banner reading “seasons greetings” and a nativity scene (Lynch v.

Donnelly, 1983, par1).” The court ruled, that the establishment clause had not been violated.

The court ruled this way because they found that the display was Historical. Just as the case
Portfolio Artifact #6 4

with Karen White, Karen should still be allowed to have activities and lessons on topics that

are religious in nature. This is because the activities are also historical.

I believe that kindergarten teacher Karen White was not in the wrong at all, and I believe

that she should still be able to present these topics and Holidays to her classroom. Christmas

is historic, and the children doing a gift exchange for a Christmas activity is not unlawful.

Karen White should also still be able to sing “Happy Birthday” to her students. This is to

celebrate the student’s birth, and to show the student that you care. The Pledge of Allegiance

also has a very historic background; therefore it should be acceptable in the public school

classroom.

REFERENCES

Clever v. Cherry Hill Township Board of Education - Law Briefs. (1993). Retrieved March 02,

2018, from http://alphagroup.pbworks.com/w/page/12319520/Law%20Briefs

Lynch v. Donnelly. (1983). Retrieved March 02, 2018, from https://lawaspect.com/case-lynch-v-

donnelly/

Underwood, J., & Webb, L. D. (2006) McCollum v. Board of Education. (1948). Retrieved

March 03, 2018


Portfolio Artifact #6 5

Underwood, J., & Webb, L. D. (2006) Pierce v. Sullivan West Central School Dist. (2004).

Retrieved March 03, 2018

You might also like