Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, September 21, 1994 TAG: 9409230036
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: By JOEL TURNER STAFF WRITER
DATELINE: LENGTH: Medium
The American Civil Liberties Union is poised to challenge the constitutionality of the guidelines if, in its opinion, they promote prayer in school.
Some members of the state Board of Education are not looking forward to the turmoil that's likely to arise in public hearings around the state.
"It is a very ticklish situation," said Lewis Nelson, a board member from Roanoke. "I wish we could stay out of it. It could cause schools to get sued, and that could take away a lot of money to defend suits when the money could be better used for education."
The state Department of Education has nearly completed the school-prayer guidelines, which will be presented to the Board of Education soon.
Neither the department nor the board has any choice in the matter.
During its regular session earlier this year, the General Assembly enacted two laws on school prayer.
One said, "Consistent with constitutional principles of freedom of religion and separation of church and state, students in the public schools may voluntarily engage in student-initiated prayer.''
The second directed the Board of Education to establish guidelines that address the role of school boards, administrators and teachers, as well as the use of class time and school facilities for school prayer.
"We opposed it, because we think the intent was to create guidelines to promote prayer," said Kent Willis, executive director of the ACLU in Virginia.
The ACLU favors the use of broad legal principles rather than detailed guidelines to determine whether school prayer is constitutional, Willis said.
"We don't think you can set guidelines for every possible situation," Willis said. "We know what their intent was."
The idea behind state guidelines is to help local school boards act properly in school prayer issues. The state has no guidelines now.
School prayer has been back in the news recently because a Georgia high school teacher was suspended for failing to observe a state-mandated moment of silence.
The Georgia General Assembly enacted the law, which requires teachers to begin each school day with a "brief period of quiet reflection for not more than 60 seconds with the participation of all pupils."
Brian Bown, the suspended teacher, and his supporters believe the measure is a first step in bringing prayer to public schools.
Virginia has a minute-of-silence law, Willis said, but it was adopted before the controversy over school prayer and has no religious overtones. Few, if any, school divisions observe the silence.
The Roanoke school system's policy on prayer and religion permits a "minute of silence to be observed each school day in accord with laws of Virginia." But school administrators said it is not observed on a frequent basis. The Roanoke School Board, however, does have a minute of silence at the beginning of its meetings.
The school-prayer movement of the 1990s has been led by the American Center for Law and Justice, which was founded by the Rev. Pat Robertson of Virginia Beach.
Robertson argues that student-initiated prayer is a constitutionally protected right, but the ACLU and others say that is in doubt.
The U.S. Supreme Court has banned organized and school-sponsored prayer in schools, ruling that it violates the separation of church and state.
But the legal status of student-led prayer remains uncertain.
In Virginia, a federal court ruled last year that Loudoun County school administrators acted unconstitutionally by helping arrange prayers by students at high school graduations.
Willis said the evidence showed that the superintendent and principals helped arrange a vote by students on whether they favored prayers at graduation. The students worked with ministers in drafting the prayers, and the school administrators included a time for them on the graduation programs.
He said prayers by students as they walk down the hall or before they eat lunch would be constitutional. But he said there have been conflicting rulings, leading to confusion on what constitutes student-initiated prayers.
Most schools in the Roanoke area say they allow students to decide whether there are prayers at graduation or other ceremonies.
Assistant Roanoke County Superintendent James Gallion said students at some high schools have opted for prayers but others have not. He said there have been no complaints. The students' right of freedom of speech does not stop at the schoolhouse door, he said.
Botetourt County Superintendent Clarence McClure said one graduate at last year's ceremony gave a brief prayer, but it complied with court rulings because no teachers or administrators were involved.
by CNB