The First Amendment to the U.S. Constitution prohibits the government from establishing religion and protects religious exercise and religious expression from unwarranted government interference and discrimination. By protecting the rights of all students to participate in religious expression or to choose not to do so, educators, administrators, and other school employees fulfill their constitutional obligations and create the inclusive learning environments necessary for student success.
In May 2023, the U.S. Department of Education released updated guidance on constitutional protections for prayer and religious expression in public elementary and secondary schools. This resource draws on that document to answer related frequently asked questions.
Under the Elementary and Secondary Education Act of 1965, all public elementary and secondary schools are required to comply with the standards set forth in the guidance, and each local educational agency receiving funds under the Act must annually certify to its State educational agency that it has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in schools.
Yes. Students may engage in prayer or religious expression to the same degree they may engage in nonreligious personal expression during instructional time. For example, students may say a silent prayer before a test.
During noninstructional time (such as recess or lunchtime), students of all faiths may:
- pray individually or in groups, to the same extent that they may engage in nonreligious activities and subject to the same rules that are applied to other student-initiated expressive activities; and
- read scriptures, say a prayer or blessing before meals, and discuss their religious views with peers to the same extent they may engage in comparable nonreligious activities.
Yes. School employees may engage in personal prayer during working hours when they are not acting in their official capacities and so long as the employee does not compel, coerce, persuade, or encourage students to join in the employee’s religious expression. For example, school employees may pray during their lunch or in a faculty lounge to the same extent they may engage in other personal expression or nonreligious activities.
No. As government officials, public school employees must remain neutral towards religion and nonbelief while acting in their official capacities. For example, employees acting in their official capacities may not lead students in prayer (even if asked to do so by students), encourage or discourage student participation in religious expression, or promote or discourage participation in religious activities.
Yes, as long as such moments are not created in order to encourage students to participate in prayer or religious observance, or to discourage them from doing so. Students are free to pray or not during moments of silence. School employees may not require, encourage, or discourage students from praying or not praying during such time periods.
Federal or State law may require schools to make reasonable accommodations for students’ religious observance, such as excusing Jehovah’s Witness students from birthday celebrations or providing a quiet place for Muslim, Jewish, or Christian students to pray during lunch. Schools may wish to consult their attorneys regarding such obligations.
Student religious diversity is vast, and school employees should not expect all students of a particular religion to need a religious accommodation or that the accommodation will be the same for all those who request one.
Yes. If public schools allow students to be excused from class for nonreligious needs (e.g., for doctor appointments), the same treatment must be given to religiously motivated excusal requests such as fulfilling religious obligations regarding prayer, religious holidays, or other observances.
Public schools may consider the religious obligations of their student bodies when scheduling exams, student presentations, parent-teacher conferences, or other mandatory student obligations or school events on major religious holidays. To promote an environment of inclusivity, schools may also consider the dates of major religious holidays when planning non-mandatory or social school or school-sponsored events.
To be responsive to their communities, schools may consider making some holidays days off for all students when the district would otherwise have a significant number of students and staff absent.
Yes, as long as the speaker is selected on the basis of genuinely content-neutral, evenhanded criteria, and the public school does not control the content of the speech.
Public schools may not organize or require prayer at graduation or other school-sponsored events. Students or guest speakers may not be selected in a way that favors or disfavors religious expression such as prayer.
Yes. Teaching about and promoting respect for religious views, practices, and holidays contributes to inclusive learning environments for students from all religious and nonreligious backgrounds. Additionally, teaching about religion academically and in constitutionally appropriate ways allows students to practice respectful engagement across differences in preparation for life in a pluralistic democracy.
Public schools must maintain neutrality among religions and nonbelief rather than preferring one or more traditions over others; however, they may still teach about religion academically and promote religious liberty and respect for religious and other views as long as such activities do not constitute promotion or discouragement of devotional instruction.
Public schools may not celebrate or observe holidays as religious events, nor may schools promote or disparage such celebration or observance by students. Students may observe or otherwise recognize religious holidays to the same extent that they may engage in comparable nonreligious activities.
Schools may celebrate the secular aspects of holidays such as decorating with Halloween pumpkins, but they may allow for student religious accommodations whenever possible. For example, some parents may request that their kindergarteners color a snowflake or snowman rather than a Christmas tree in December. Schools may hold events that include religious themes, such as student choirs performing music inspired by or based on religious themes or texts, provided that the music is not performed as a religious exercise and is not used to promote or favor religion generally, a particular religion, or a religious belief. Public schools may incorporate themes referencing any or no religion into such events. However, schools may wish to represent multiple religious traditions, particularly those reflective of the student body and local community. Additionally, schools should thoughtfully consider excusal requests from students who do not wish to perform religiously-inspired or non-religiously inspired music as part of a fine arts curriculum. Also, as indicated below, students may express their religious beliefs in homework, artwork, and other written and oral assignments.
Yes. Students may express their beliefs about religion in homework, artwork, and other written and oral assignments. Such home and classroom work should be judged by ordinary academic standards of substance, relevance, and other legitimate pedagogical objectives and be neither penalized nor rewarded on account of its religious perspective. When selecting student work for display (e.g., art projects), schools should apply the same legitimate pedagogical selection criteria, like skill or creativity, to work with and without religious content.
Yes. Students have a right to distribute religious literature to their schoolmates on the same terms as they are permitted to distribute other literature that is unrelated to school curricula or activities.
Yes. Schools may not single out religious attire in general, or the attire of a particular religion, for prohibition or regulation under a school dress code. If a school makes exceptions to a dress code to accommodate nonreligious student needs, it ordinarily must also make comparable exceptions for religious needs.
School or State-level athletic associations might consider offering exemptions from generally applicable, neutral policies that burden certain students’ religious practice, such as exemptions from bans on all head coverings or jewelry, or may consider permitting students to deviate from such policies without a prior individualized exemption. In some circumstances, such accommodations may be required by Federal or State law.
Yes. Students may organize religious clubs to the same extent they are permitted to organize nonreligious clubs. In addition, schools must allow religious student clubs equal access to school resources and facilities (e.g., school newspaper space, intercom announcements, bulletin boards, etc.) without discrimination on the basis of the clubs’ religious character or perspective.
Students may not be coerced by school employees to participate or not participate in student-led noncurricular religious groups on the basis of the groups’ religious or nonreligious character or perspective.
Read the full guidance on constitutionally protected school prayer and religious expression for more details about the religious freedom rights of students, educators, and other school employees.
Visit the Center for Faith-Based and Neighborhood Partnership’s Freedom of Religion and Safe and Welcoming Schools pages for more information and resources on student religious freedom rights, religious literacy, and the value of safe and inclusive learning environments.
Read the Office for Civil Rights Dear Colleague Letter on how the Office for Civil Rights protects students from discrimination on the basis of shared ancestry and ethnic characteristics. Note, the Office for Civil Rights does not have jurisdiction over complaints of discrimination based solely on religion.
Districts can contact their local Equity Assistance Center to learn about training opportunities for the reduction of harassment, bullying, and prejudice based on religious background.
File a complaint with your State educational agency, which must annually inform the U.S. Department of Education of any school districts against which complaints have been made that a district is not in compliance with this guidance and what actions are being taken.
You can also file a complaint with the Department of Justice’s Civil Rights Division, which enforces Federal antidiscrimination laws and constitutional rights such as religious freedom.