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4J Policy and Practice: Religious Holidays

CHRISTINE NESBIT

FEBRUARY 5, 2020

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Legal Parameters

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” (US Const., 1^st Amend)
District policies and practices must:

Have a clearly secular (non-religious) purpose
Neither advance nor inhibit religion
Avoid excessive government entanglement with religion

Protect student’s rights to religious free exercise

Accommodation
Student religious expression at school

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Oregon Regulation 581-021-0046(5)).

Students Unable to Attend Because of Religious Beliefs:

Excused from attendance, tests or assignments
Student “shall make up the examination or other assignment missed because of such absence.”
Absence “shall not be counted for the purpose of an attendance policy that may result in exclusion, failure, or reduction of grade based upon a certain number of days.”

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Policy JEF�Release Time for Religious Instruction

“Any student unable to attend classes on a particular day due to religious beliefs shall be excused from attendance requirements for that day”
Absence may “not be counted against student in determining exclusion, failure or reduction of grade”
Tests and assignments missed shall be given to student at another time
Administrative rule I1600 – “Students are excused from school, without any penalty, for religious holy days.”

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Other Related Board Policies

Policy IGACA – Recognition of Religious Beliefs and Customs

Prohibits district and staff from promoting religious belief or nonbelief (i.e., requires religious neutrality)
Encourages fostering understanding and mutual respect
Students excused from participating in practices contrary to their religious beliefs
Advancement of knowledge and appreciation of religious heritage in development of civilization is an educational goal

Policy IGAC – Religious Instruction

Parameters for teaching about religion
Student religious activities and staff role

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Board Policies and AR

Policy JB - Equal Educational Opportunity

every student to be given equal educational opportunities, regardless of (among other things) religion

Policy AC – Nondiscrimination
Policy JED – Student Absences and Excuses
AR I1600 – Separation of Church and State

Religious neutrality and accommodation
Teaching about religion
Release time for instruction
Student religious groups
Facilities use

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Guidance to buildings

Annual memo:

Students are to be excused, without penalty, for religious holy days
“Schools should be sensitive about scheduling activities that may conflict with these observances”
Identifies certain holy days

Additional guidance memo:

Students “shall have a meaningful and reasonable time to make up missed work.”
“Teachers and administrators are encouraged to be aware of major religious holidays and that scheduling tests and field trips may cause conflicts for some students”
Give advance notice of tests and important events

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Opportunities

Policy JEF – Release Time for Religious Instruction

Retitle, “….and Observances”
Students shall have “meaningful opportunity and reasonable time to make up missed work”

Policy JED – Student Absences and Excuses

Include absences for religious observances

Administrative regulation on religion in schools

Incorporate concepts of:

Advance notice of tests, etc… can help avoid or reduce conflicts
School-wide events scheduling

Alternative: Develop single, more detailed board policy

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