Student Cross Art Project OK in Public School

By 

Jay Sekulow

|
June 21, 2011

2 min read

Religious Liberty

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Angela from Kansas contacted us regarding her sons 5th grade public school class. The teacher instructed the students to draw a picture of their choice. After Angelas son drew a picture of a cross, the teacher told him that he was not allowed to draw a cross in a public school.

 

We sent Angela a letter specific to her situation that explained that student assignments that include religious expression must be assessed on the basis of neutral academic criteria (i.e., suitability for the grade level, quality of the work) and cannot be rejected solely because they are religious. We cited Supreme Court cases recognizing students free speech rights as well as the following U.S. Department of Education Guideline:

 

Religious Expression and Prayer in Class Assignments

 

Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Thus, if a teachers assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards (such as literary quality) and neither penalized nor rewarded on account of its religious content.

 

Angela shared our letter with the principal and then sent us the following e-mail: I just wanted to let you know how much I appreciate your help with our situation. After a brief telephone discussion, the principal agreed with me and had a stern discussion with the art teacher. Bottom line, the art teacher will allow the cross in the assignment in the public school. Thank you again for what you are doing.