Teddy James

AFA Journal staff writer

July-August 2011 – Knowledge is power. But our schools have largely ignored one important area of knowledge by failing to instruct students of their religious rights in the hallways and classrooms of their schools.

Now more than ever, Christian students, teachers and parents must understand the rights granted by the First Amendment and how to maintain them.

Student’s rights
Every student in America has constitutionally protected rights. That was proven in the Supreme Court case Tinker v. Des Moines in 1969. Tinker involved a small group of students who protested the war in Vietnam by wearing black armbands to school. The school administration prohibited the armbands, threatening suspension. But, the Supreme Court ruled that every student has First Amendment rights. Justice Abe Fortas wrote the majority opinion stating, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

David French, senior counsel with the American Center for Law and Justice, says that decision has been modified over time, but it is still the fundamental decision. He said, “A public high school is dedicated to education. But in the context of its educational mission, students have the opportunity to speak and share their points of view, unless by speaking they cause a substantial disruption.”

Basically, a student has the right to speak as long as it does not hinder the educational mission of the classroom. For example, a student has the right to talk about climate change, but can’t dominate a math class to preach about it.

“What is of particular relevance to Christian students,” French said, “is that merely because their speech is religious, it doesn’t mean their rights are less important or less protected than the more secular students in class. They have the same rights as their secular classmates to speak. Religious speech is not some type of subordinate speech in the First Amendment context. Religious speech, in a court context, is considered anything motivated and empowered by an explicit religious point of view.”

While French and the ACLJ protect student’s First Amendment rights in the courtroom, Eric Buehrer with Gateways to Better Education, protects them by informing students, teachers and parents what those rights are and how they play out in a the classroom. He uses guidelines developed by the Federal Department of Education to give students the boldness to speak.

Buehrer said, “The National DOE has issued guidelines dating back to 1995 with president Clinton. These guidelines were again issued in 1998, and again in 2003. Each new attempt to clarify students’ religious liberties is sent to every superintendent in the country, who is responsible for sending it to every principal, who is responsible for giving it to every teacher. Unfortunately, this information has not always reached the classroom. Teachers, students and parents still have questions. It is just sad that these questions have been answered for 16 years.”

Because on three different occasions the federal government has issued the guidelines and they are still not clearly communicated in the classroom, Buehrer believes a different approach must be taken. He said, “We believe every Christian child in church should understand his religious liberties. We believe that education should first come from the church.” To accomplish that goal, Gateways has developed small pamphlets for churches that can be bought in packets of 50 for $9 plus shipping costs. The Alliance Defense Fund has partnered with Gateways and will write a personalized, six-page letter to a school administrator of the church’s choosing for each pamphlet bought.

The aim is to protect teachers and administrators from unknowingly violating Christian students’ First Amendment rights. French said, “The number one way students are being censored today, above and beyond evolution and creation; pro-choice and pro-life; homosexual marriage and traditional marriage is on the ground that what they are saying as Christians is offensive. Let’s say a student is opposing same sex marriage. Other students can say they are offended and point to school policies that are very broad and often prohibit creating an offensive environment or offending someone on religious, sexual orientation or similar grounds. But the mere fact that another person is offended does not render your speech unprotected.

“In fact, the First Amendment was created to protect unpopular speech because popular speech doesn’t need protection.”

The key to ensuring a student’s First Amendment rights is to focus on equality. French said, “What we are seeing is not just Christian students being silenced in favor of secular classmates. We are seeing other religious points of view given a level of protection and sanction Christian students are not.”

Teachers’ rights
As long as their speech does not disrupt the educational mission of the school or is obscene, students can exercise their religious liberties with great latitude. However, the teachers operated under more restrictions.

“During class hours, teachers are state officers,” French explained. “They are part of the government, and because of that, there are going to be extra limitations on them. While they can teach the Bible if it is part of the curriculum, within the parameters set by the school, they cannot teach the Bible as the Truth.”

However, teachers should not feel afraid to tell the truth if asked about their faith. Since the teacher is not attempting to teach the Bible as true, they can even say what community of faith they are involved with. At the same time, a teacher should keep the conversation on a professional level.

“When a student asks a teacher if she is a Christian, she can be honest,” Buerher said. “But she shouldn’t use that as an opportunity to try to lead that child to Christ. I often tell teachers to lead with their Christian heads, not their Christian hearts. In our hearts we want to reach our kids for Christ and that is our mission. But what every teacher needs to focus on is being the best teacher those kids have ever had and help them understand the importance of our Judeo-Christian heritage.”

As the Tinker case clearly pointed out, teachers do not completely surrender their First Amendment rights when they enter a school. There are legal and righteous ways for teachers to live out their faith, even in the hallways of their schools.

For example, French said teachers can express their faith through being a faculty sponsor of an extra curricular club. “It would be permissible for a teacher to become a faculty sponsor of a Christian club,” he said. “The clubs are required to have a sponsor anyway, so why not have a sponsor who is friendly to the club’s point of view? And often, the job of the sponsor is to help the club succeed. Giving them advice, helping them get room access and things of that nature are not violating any rules.”

Buehrer adds that teachers “absolutely have the right to meet with their colleagues outside class time to pray for the school and students. These meetings can take place before school starts, during a break, during lunch or after the students have been dismissed.”

While teachers cannot and should not turn fifth period chemistry into a Billy Graham crusade, neither should they view the public classroom as a hostile mission field.

Buehrer says, “Teachers can confidently approach the academic subject of how the Bible has been very important in our history in whatever subject they are studying. They just have to wrap their heads around the idea they are going to help students understand an aspect of culture that is often left out of most of their education. That is simply trying to be the best teacher you can be.”

As an example of this, Gateways offers teachers a free lesson plan focusing on Easter. In the lesson plan, taken from Luke 22-24, students are taught art history, language arts, American history and music theory. Included in the lesson plan’s notes are federal expectations of teachers and why it is legal to teach this material in the classroom. The lesson plan is available for free to download at www.gtbe.org.

Whether a teacher’s curriculum comes from the Bible or not, nothing can legislate leaving a part of you outside the classroom. A relationship with Christ is something that infuses and influences every aspect of the Christian’s life. That is why both French and Buehrer feel it is important for more Christians to become teachers. French said, “Even if a teacher cannot go into a classroom and proselytize, he is going to transmit values. Every teacher still has a witness. Teachers can still present an alternative to the unrelenting leftism that so many kids are subjected to on a daily basis.”

“Make your classroom a welcoming place for students to live by the morals of their religious guidance,” Buerher said. “Imagine a public school recognizing how many students come from religious homes, then encouraging them to live according to the morals taught in those homes. Imagine a teacher telling her students she wants those beliefs to be a part of who they are on the campus. We are sending the wrong message when we tell students they have to leave all that religious stuff at home. I know a school will see its entire environment change if it welcomes and encourages the spiritual aspect of students’ lives.”

Parents’ role
When it comes to religious liberties, parents are not given formal rights according to the court system. However, they do play a vital role in the public education system. In fact, Buehrer’s organization spends much of its time communicating with and educating parents.

The reason for this is that both Gateways for Better Education and the ACLJ know that education must begin at home. The best teachers in the classroom will never have the impact or influence over a child as much as Mom and Dad.

There will be times when a parent can and should get involved inside the classroom. Both experts stated clearly that parents have the right to know what their children are being taught. Parents should read the textbooks with their children, not only to help with homework, but also to see if there are any concepts they should address around the kitchen table.

When a parent does get involved with a teacher, Buehrer has some suggestions. Talk to the teacher respectfully. Start the conversation by asking the teacher sincerely to help you understand why she chose that particular book or assignment. Try to understand the teacher’s side of the argument. He said, “What you often discover is that the teacher does not have some sinister reason. They often have very legitimate reasons, but may not have thought about the unintended consequences.” Through this conversation, bring up your concerns as a parent. It may very well be the teacher never considered the objections you are bringing to the surface.

Back at home, Buehrer says, “It is very important for parents to teach kids their religious rights at home. This will help not only the student, but also the teachers if they begin to suppress those rights.”

French believes that education must involve more than just what is in the textbooks. “What parents should be focusing on,” he said, “is not just helping the kids overcome intellectual challenges to Christianity, because that is not that bold a challenge anymore. Teachers and professors are, for the most part, so ignorant about Christianity they are not able to give much of an intellectual argument against belief in Christ. Therefore, parents need to focus on developing a child’s courage and fortitude. Children today are facing more condescension, mockery and stigma than adults realize. Ravi Zacharius once said, ‘In the battle of ideas, stigma beats dogma.’ In other words, stigma beats a statement of strongly held beliefs. Train kids to expect persecution and not be intimidated. Respond in faith and love and courage to that persecution.”

As fathers, both men stressed the importance of passing on the idea of Joshua 1:9, “Have I not commanded you? Be strong and courageous. Do not be afraid; do not be discouraged, for the Lord your God will be with you wherever you go.”

Buehrer said, “One thing parents can do is teach kids discernment. This will help both parents and students become more conscious about how they express themselves and their faith. In the classroom environment, if students know they can express their faith, they will feel the freedom, courage and encouragement to do that. It teaches children to be bold because they have the confidence they are speaking of their faith within proper boundaries.”  

AFA/AFR spead Truth for Youth
The best way to strengthen our rights is to exercise them. In August, AFA/American Family Radio offers students a way to exercise their rights at school by providing them a Bible to share with a school friend.

During The Truth for Youth Bible Week, August 22-26, AFR listeners and AFA Journal readers may make a contribution that will provide one New Testament to a teenager who promises to give it to a friend at school. One Bible is $4, while box of 50 Bibles costs $100.

For more information, listen to your local AFR station August 22-26, call Truth for Youth Ministry at1-800-733-4737 or visit www.thetruthforyouth.com.

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Frontline faithfulness by Teddy James
When I was a junior in high school, some friends and I began a Bible-based devotion and prayer time at school. We met at 7:40 each morning to pray for friends, teachers, administrators, our nation and ourselves. The group started with only 10 students, but quickly grew to 40 including some junior high and elementary students.

During my senior year, a former, beloved basketball coach died. Amidst the grief, God used our prayer group to minister to fellow students, and even teachers. Because the group was already established, everyone knew where they could bring their questions. Although we were clear that we did not have all the answers, the devotional group meetings served as a safe place to ask and grieve.

When I graduated high school, I was concerned the group would dissolve. However, seven years later when I was called to be the youth pastor at a small church close to my old high school, I met Hannah, a sophomore at my alma mater. She was now leading the group I helped start.

In recent years I have had the opportunity to go back and minister once again to that devotional group and some of my former teachers.

I experienced what God can do when we surrender our fears and doubts to Him and step out in faith.