Week_5_Judicial_Review

Nancy-blue Judi - red Annamarie-pink RM-green
 * Islamic Student Prayer Group - Team A Case Study**


 * A group of students comes into the principal’s office one afternoon and asks her for permission to establish the Islamic Student Prayer Group. The student after-school group would meet to study Islam and the Koran and hold religious exercises. A Muslim teacher will sponsor the group, and an Imam from a neighborhood Mosque would come in to lead the group every week.**

//**As the Principal, how would you handle this request?**// I definitely agree with Annamarie that the religious thing is a red herring. Add to the above cases //Windmar v. Vincent// which prompted the //Equal Access Act.// I also like the pass the //buck move.// The superintendent has a lawyer on his staff, I don't.  This is from the Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools article  February 7, 2003
 * I would check to see what our community use policy prohibits. Then see what activities are going to transpire. If the policy does not allow for prayer groups then they will be told why. In the case Good News Club v. Milford Central School that is what they had to do. First, they were let known that the school was used for education, learning or the arts and second, the school is available for “social, civic and recreational meetings and entertainment events, and other uses pertaining to the welfare of the community. (.p. 148)
 * It would depend upon a few factors: Is this a secondary school? and Are other non-curriculum related student groups allowed?Based on the "Equal Access Act of 1984" and answering "yes" to the two previous questions, it would seem that this type of group would be allowed to use school facilities. This act "provides that public secondary schools that receive federal financial assistance and permit non-curriculum related student groups to meet during non-instructional time cannot deny access to groups due to the religious, political, philosophical, or other content of their speech" (Russo, p.65) Further, //Board of Education of Westside Community Schools v Mergens// upheld the Equal Access Act in allowing religious groups to meet in school. It may also be important that this group will have faculty sponsorship. The //Good News Club v Milford Central School// upheld the group's right to utilize school facilities, but I'm not sure it support this situation since //Milford// does not involve worship services as the example implies. As Nancy stated, first and foremost, as principal I would check out district policy and discuss the situation with the superintendent and possibly bring it to the Board of Education as needed.
 * The school cannot discriminate between groups that want to use the facilities after school by the community as supported by The Good News v Milford Central School. Even though they are going to hold religious exercises, the question is can the school deny the group because of the limited public forum clause. They are not using a school staff to monitor the club, so there is no direct connection to the school. I think what this scenario does is use Muslim religion to throw us off. I think with all the stuff going on in the world, we get uneasy when we see anything about this religion. However, my concern as principal would be that the parents would react to the specific religion, also. Would be deny a CCD group from using the school? Bottom line for me is pass the buck to the superintendent.

//Organized Prayer Groups and Activities //
 Students may organize prayer groups, religious clubs, and "see you at the pole" gatherings before school to the same extent that students are permitted to organize other non-curricular student activities groups. Such groups must be given the same access to school facilities for assembling as is given to other non-curricular groups, without discrimination because of the religious content of their expression. School authorities possess substantial discretion concerning whether to permit the use of school media for student advertising or announcements regarding non-curricular activities. However, where student groups that meet for nonreligious activities are permitted to advertise or announce their meetings—for example, by advertising in a student newspaper, making announcements on a student activities bulletin board or public address system, or handing out leaflets—school authorities may not discriminate against groups who meet to pray. School authorities may disclaim sponsorship of non-curricular groups and events, provided they administer such disclaimers in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech. **Questions we still have about the case study.** 1) If there is community uproar, does this affect the regular running of the school and learning? 2) If we deny access to all religious group isn't that Equal Access? Aren't we equally saying no?
 * I am wondering if this is a middle school, how the legal cases would view this situation. Would there be a difference?
 * Because this group is "student initiated", does that change the viewpoint of the law?
 * In //Board of Education of Westside Community Schools v. Merger//, only "four justices agreed that the Equal Access Act passed the Establishment Clause...[leaving] the door open to more litigation..." (Russo, 65)

= Meeting Recording 06-09-10 media type="file" key="Team A-06.09.10.mp4" width="150" height="150" =
 * Additional comments, as appropriate, including challenges we faced responding to the case study.**
 * It is also important to note that these groups are allowed to use school facilities, they must also be allowed to "advertise" their meetings just like other school clubs and organizations.