5th-Grade Special Needs Christian Girl Has Bible Verses Confiscated at School – ACLJ Is Coming to Her Defense

Public schools are actively attacking our children’s religious liberties, suppressing their Christian faith. Our client, a precious 5th grader with special needs who came to live with her mother through a foster care placement – a girl with a vibrant faith – had her handwritten Bible verses confiscated by her principal and treated like dangerous contraband. She was left heartbroken, confused, and in tears. The ACLJ has taken action on her behalf.

Last week, Killeen Independent School District (Killeen ISD), in Texas of all places, trampled the constitutional rights of our client, who is a student at one of its elementary schools. Our client wanted to share her faith. Her effort to spread a message of hope and encouragement took an outrageous turn when her principal and teacher not only confiscated her Bible verse slips but also sent mixed signals – first telling her she was allowed to distribute them, then abruptly reversing their decision. 

On May 12, our client brought the Bible verse strips to her elementary school and even offered one to the principal, who immediately confiscated all the verses. While confiscating her Bible verse slips, the principal misled our client into thinking that they would personally share the verses with others who might be “having a bad day.” Instead, the principal confiscated the verses and simply refused to return them until the next day.

After this episode, the principal spoke with the student’s mother, citing concerns that “parents might be upset” at the student’s handing out Bible verses. Despite the mother’s assertion of the student’s constitutional right to distribute religious literature and share her joy and faith during non-class time, the principal appeared uncertain and said she would follow up after consulting with district officials.

The next day, the student attempted to offer one of the returned slips of paper containing Bible verses to her teacher, only to be sternly instructed to stop. Confused and frightened, our client wondered why her simple gesture of kindness was met with such opposition. The student’s mother later emailed the teacher, expressing concern and requesting that the teacher respect the student’s right to religious expression. In response, the teacher claimed that the student had attempted to distribute the verses during instructional time. Based on our discussions, we refute that belief.

This yo-yo approach to dealing with our client’s free speech continued to escalate. On May 15, the principal again contacted the student’s mother, this time declaring that Killeen ISD policy prohibits all distribution of religious material on school property at any time. Despite repeated requests, the principal did not provide the specific policy that would justify this total ban, instead directing the mother to the Killeen ISD website. The cited policy, “Non-school Materials From Students,” requires prior approval from the principal before any non-school material is distributed, a standard that conflicts with established religious liberty under the First Amendment.

Not only does this violate settled Supreme Court precedent, which says that a student’s religious liberty rights are not shed at the “schoolhouse gate,” but the policy also violates the Establishment Clause as it would require the principal – in this case, an agent of the government – to decide what religious speech is appropriate. That requires the school to engage in textbook viewpoint discrimination, rendering the policy unconstitutional.

According to Tinker v. Des Moines Indep. Comm. Sch. Dist., a school can place “reasonable regulation[s]” on activities connected to the learning environment, but it cannot impinge upon a student’s rights and create a total ban on student speech. In other cases, it has been determined that a school must have a substantial reason to limit a student’s speech. As long as a student expresses their opinions without “materially and substantially interfer[ing]” with appropriate school discipline, a teacher, principal, school administrator, or school district cannot restrict that speech. Further, concern over other parents being “upset” that another student is practicing their beliefs in a non-disruptive manner is not a valid justification for censorship or suppression of a student’s speech.

On behalf of our clients, the mother and her daughter, the ACLJ sent a demand letter to Killeen ISD, demanding that it respect our client’s religious liberty. The school district’s actions amount to unlawful suppression of religious speech, and concerns over parental complaints are not sufficient grounds to override constitutional protections. The ACLJ intends to ensure that Killeen ISD is held accountable for what we describe as clear-cut religious viewpoint discrimination. Killeen ISD has until May 22 to respond to our demand, or we will proceed with legal action.

We stand firmly behind students and teachers to protect their ability to practice their faith while inside the schoolhouse gate. In another case out of Texas, we are defending Staci Barber, a teacher who was ordered not to pray where students might see her. That case is in federal appeals court right now.

Does this sound like something you’ve heard or seen at your child’s school? Check out “Legal Resources: Know Your Rights” on our website. Thank you for your support. You make these legal battles possible with your support.