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PORTFOLIO 6

Portfolio 6: Religion and Public Schools

Sarah Green

College of Southern Nevada

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Karen white is a kindergarten teacher who has recently become a Jehovah's Witness. She

is no longer able to celebrate holidays such as birthdays and Christmas. White will no longer be

decorating the classroom for holidays, singing happy birthday, planning gift exchanges or

reciting the pledge of allegiance. This has upset many parents and has caused them to complain

to Bill Ward, who is the school principal. Ward has suggested that White be dismissed for being

unable to successfully meet the teaching criteria for her students. The final decision should be

made using the First Amendment rights along with the education law.

White's decision is a violation of the Establishment Clause, which restricts the school or

staff to express religious opinions during school or class time. According the case McCollum v.

Board of Education 333 U.S. 203 (1948) (Five Freedoms, 2014) it is a teachers duty to put all

matters of religion aside for the best interest of the children. Celebrating holidays and birthdays

are important to some families especially for small children. Those celebrations bring the

children together and help them develop friendly relationships. Student interest outweighs any

sort or interference of teachers constitutional rights. That was the ruling in Palmer v. Board of

Education 603 F. 2d 1271(1979) (Underwood, 2006, p. 52) when a teacher refused to follow the

curriculum on religious grounds.

LeVake v. Independant School District No. 656 (1999) (Underwood, 2006, p. 52) rejected

the claims of a teacher when she said her free speech and religious freedoms were violated.

Teachers in a sense relinquish some of their first amendment rights while they are in class or at

school. If a teacher wishes to express his or her opinions outside of school time there would be

nothing that the school could use against them. The fact that White is directly refusing to

celebrate holidays or recite the pledge of allegiance influences the children. If she refuses the
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recite the pledge of allegiance with her kindergarteners they may not learn how to do so until the

trash the next grade with a different teacher.

Since a teacher does have first amendment rights the school officials do not have a right

to dismiss her based on her religion according to Mt. Healthy City School Disrict Board of

Education v. Doyle 429 U.S. 274 (1977) (Five Freedoms, 2014). Dismissal of that nature would

be discrimination, especially when there is no other reason for the teacher to be dismissed. If

they wouldnt have made the same decision before this incident then it would be wrong to make

that decision now.

Another case in defense of the kindergarten teacher is Pickering v. Board of

Education 391 U.S. 563 (1968) (Five Freedoms, 2014). In Pickering the teacher was fired

because of a letter she had written to a newspaper she wrote criticizing the school district. The

school board fired her because they claim the statements she made were harmful to the schools

reliability. It was a violation of the teachers first amendment right because she had chosen to say

those things outside of school to a publication that was not involved with the school. White has a

right to her beliefs and does not have to be subjected to matters that make her feel that she is

going against her newly found religion.

McCollum, Palmer and LeVake make good point when they uphold the schools decisions.

A teacher needs to take into consideration that in the education environment they have no right to

implement their ideas onto others, especially onto the students. Although White is not telling her

students what to believe, her refusing to recite the pledge of allegiance influences children.

Kindergarten is the grade where most children learn how to recite the pledge of allegiance, if she

does not teach them then they are missing out on that part of the education. The principal should
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not dismiss her but should give her a chance to put her beliefs aside for the sake of her class. If

she is not comfortable with the decision then she should resign and find a place of employment

that will better suit her needs.

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References

McCollum v. Board of Education 333 U.S. 203 (1948) (2014, December 2) First Amendment

Schools: The Five Freedoms - Court Case. Retrieved December 2, 2014, from http://

www.firstamendmentschools.org/freedoms/case.aspx?id=481

Mt. Healthy City School Disrict Board of Education v. Doyle 429 U.S. 274 (1977) (2014,

December 2) First Amendment Schools: The Five Freedoms Court Case. Retrieved

December 2, 2014, from http://www.firstamendmentschools.org/freedoms/case.aspx?id=276

Pickering v. Board of Education 391 U.S. 563 (1968). (2014, December 2). First Amendment

Schools: The Five Freedoms - Court Case. Retrieved December 2, 2014, from http://

www.firstamendmentschools.org/freedoms/case.aspx?id=1693

Underwood, J., & Webb, L. (2006). Palmer v. Board of Education 603 F. 2d 1271(1979)

Teachers Rights. In School law for teachers: Concepts and applications (p. 52). Upper Saddle

River, N.J.: Pearson/ Merrill Prentice Hall.

Underwood, J., & Webb, L. (2006). LeVake v. Independant School District No. 656 (1999)

Teachers Rights. In School law for teachers: Concepts and applications (p. 52). Upper Saddle

River, N.J.: Pearson/ Merrill Prentice Hall.