WHAT? School Tells Little Christian Boy That His Christian Reading Material and Talking About the Bible Is BANNED From School Property Because of “Separation of Church and State”

The ACLJ recently assisted an elementary student regarding his right to share his Christian faith with his classmates at school.

A mother from Iowa contacted us because her elementary school son was told by his school – on multiple occasions – that because of the “separation of Church and state” he could not hand out religious materials to his classmates, share his faith with them, or even bring religious items to school with him.

Based on our conversation with the mother and the facts that she shared, it was clear to the ACLJ that the school officials did not understand the law regarding the religious freedom of students. The ACLJ sent a legal letter detailing the student’s legal rights. After receiving this information, the student has been allowed to continue his nondisruptive religious activities without any issues.

As in this instance, many school officials are unaware of the rights of students and teachers to practice their faith, which, sadly, make this child’s situation quite common. Generally, however, once a school receives the correct legal information, these issues are quickly resolved.

Over the years, the ACLJ has assisted many parents and their children in protecting and asserting students’ First Amendment rights in school. Many of our cases are resolved by simply notifying the school administration of the student’s constitutional rights; and with this information, schools will cease their discrimination.

Some other examples of unlawful religious discrimination that students can experience at school include not being allowed to use their Bible for class projects or to even bring their Bible to school. We’ve also assisted students who were told by their school that they could not start a Bible club.

These are just a few examples, but all of these instances illustrate the importance of parents watching out for their children and advocating to protect their rights at school.

These rights have been rigorously upheld at the Supreme Court. In Tinker, the high Court stated that school officials may not intrude upon a student’s First Amendment expression without sufficient justification. To put it bluntly, the Court clearly stated: “[N]either students [n]or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” While school officials may apply “reasonable regulation[s] [to] speech-connected activities in carefully restricted circumstances,” they may not censor student expression unless the speech “impinge[s] upon the rights of others” or creates a material and “substantial disruption” to the school’s ability to fulfill its educational goals. While school administrators often cross these lines, as can be seen in the instances above, the law fully supports your child in expressing their religious beliefs.

If your student experiences a similar situation, contact us at ACLJ.org/HELP. We can help stop schools from infringing on your student’s right to religious free exercise.