Mommy Life: Christmas IS legal in public schools

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November 28, 2005 10:04 PM

Christmas IS legal in public schools

Since our kids started public school when we moved to Virginia (after years of mostly homeschooling), Tripp and I have taken a very proactive approach on a number of things. Virginia isn't as afraid of religion as California is - the schools here even have plaques in the hallways mandated by state law which say "In God We Trust."

Still, some teachers tend to have misunderstandings about laws pertaining to religious expression in public schools, so whenever our kids start a new school or a new music teacher enters the scene, we make an appointment in October to discuss what's being planned for the "Winter Program," and if Christmas music is not included, to bring the teacher up to speed on what the law really says.

Most teachers know this by now. But if you live in a place that is fearful of Christianity, or if you ever run into a situation similar to the one described below, this article will give you some foundation in addressing the issue of religious freedom in public schools.

I wrote the following piece in 2002. It was published in the Loudoun Times-Mirror. If you have a local paper that might like to run it, I would be happy to have it republished and will even look up the state codes where you live to make it relevant.

Cut the Kibosh on Christmas
Guidelines, Courts Back Students’ Freedom Of Religious Expression

My daughter’s teacher gave this assignment: Make Christmas posters.

She also made it clear: No religion allowed.

I guess it wouldn’t be Christmas without the fear of a lawsuit, would it?

But this skittishness about religious expression in schools is unfounded. I know because I’ve been researching and reporting on this subject since 1998, when a couple of my kids were attending a small elementary school in dairy farm land an hour north of San Francisco.

My wake-up call came at the “Winter Program” where families sat through songs about Santa, chimneys, and reindeer, plus five Chanukah and one Kwanzaa – this though the school boasted only one Jewish family (non-practicing) and not a single African-American.

Ninety musical minutes with nary a note about Jesus.

But while I have no fear that Christianity will survive whether censored out of public schools or not, that’s not the issue.

The issue is the First Amendment. Are schools supposed to support freedom from religion or freedom of religion?

There’s a big difference.

Which is why I share my California experience – it shows what can happen when schools become overzealous in their efforts to avoid promulgating a certain religion.

Because – let’s face it – the religion we’re always worried about not promulgating is Christianity.

It’s this worry which leads some teachers to err on caution’s side, nixing potential conflict by controlling the creativity and spontaneous expression of students.

I understand their dilemma, I really do.

But for those of faith – and I speak here of several faith traditions – this month marks a holy season. Some parents have worked hard to raise children whose faith is a vital, integral part of who they are as individuals – not just a label or a rote activity. If such parents have succeeded, teachers should not be surprised that what bubbles up creatively from their children reflects their faith rather than glittering generalities or superficial, materialistic aspects of the season.

This is a good thing – kids with convictions. And I promise not to be offended by your child’s Menorah, if you promise not to be offended by my child’s Manger.

But we don’t need to hash these things out on a case-by-case basis. The answers are already in place. Some years ago, President Clinton, concerned that some educators and community members had incorrectly assumed that schools must be religious-free zones, asked U. S. Secretary of Education Richard Riley to issue guidelines. The result is a remarkably concise, clear and sensible document titled Religious Expression in Public Schools: a Statement of Principles.

The guidelines affirm that while teachers may not encourage or join in students’ religious activity, the school’s official religious neutrality requires that:

“Teachers and administrators are also prohibited from discouraging activity because of its religious content, and from soliciting or encouraging antireligious activity.” (my emphasis)
The Virginia Board of Education is more specific. The 1995 Guidelines Concerning Religious Activity in Public Schools, under "Student Assignments" states:
"Student art projects often center around seasonal themes. Where the season has both secular and religious connotations, some students may prefer to depict a secular aspect of the season, while others may prefer to depict a religious aspect.
"So long as the expression is germane to the assignment, teachers should not discriminate against students who prefer a religious theme or viewpoint over a secular one (or vice versa). Example: Where different students depict a manger scene, a menorah and "Frosty the Snowman," the teacher may display them all on an equal basis, or on the basis of their artistic merit, but may not discriminate in favor or against any of them on the basis of the religiosity or secularity of their themes. Students have a right to express their religious values and viewpoints in their classwork, assignments and work products to the same degree that students may express secular viewpoints. A student's grade or evaluation must never be affected by his or her creed or religious belief or non-belief."

In addition to allowing student religious expression, the law is clear – on federal and state level as well as in courts – that teachers may teach in historical context the biblical origin of Christmas, just as they may teach that Chanukah celebrates the victory of the Maccabees and the rededication of the Jerusalem Temple.

As for Christmas carols, not only have courts ruled consistently that they may be sung in public school programs, but teachers who neglect religious-themed music limit themselves and their students not only quantitatively, but qualitatively. Carols, spiritual anthems and choruses are among the most beautiful pieces of music ever written.
That is because the best art is inspired by that which we hold dear.

Dear teachers – because our children hold you dear as well – please honor the connection between creativity and faith, and do not dam the flow of your students’ inspiration with barriers built from fear.

A teacher may not prohibit students from passing out Christmas cards, talking about Christmas, or expressing Christian beliefs in art. Parents need to protect their children's right of religious freedom and our children need to see us protecting that right.

What has surprised me most since my children have been going to public school is the apathy of Christian parents who do have kids in the schools and who have allowed their freedoms to be eaten away until no one really knows what is legal and what is not. Any parent whose child is forced to take off a sweatshirt with a Bible verse or whose religious freedom is blocked by a teacher in any way should be down at the school informing the principle and teacher (in a very civilized and oh-didn’t-you-know kind of way) that you care about this issue and that you are watching.

If you ever need a letter from a lawyer to show you mean business, contact the American Center for Law and Justice (ACLJ – the Christian equivalent of the ACLU).

Other resources: Alliance Defense Fund and Liberty Alliance's Christmas campaign.

Love,