Trump Administration Protects School Prayer

WASHINGTON, D.C. -- The U. S. Department of Justice (DOJ) and the Department of Education announced a proposed rule that will provide guidance on legal protections for prayer and other religious expression in public schools. The purpose of this updated guidance is to provide information on the current state of the law and to clarify the extent to which prayer in public schools is legally protected. The updated guidance generally addresses principles of religious liberty that relate to religious expression more broadly, including prayer, in accordance with President Trump’s executive order and the Attorney General’s Memorandum on Federal Law Protections for Religious Liberty. It is also meant to advise state educational agencies (SEAs) and local educational agencies (LEAs) on how to comply with governing constitutional and statutory law. It also discusses the Equal Access Act, which provides statutory protection for religious expression in public schools. The Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act, requires the secretary of education to issue guidance to SEAs, LEAs, and the public on constitutionally protected prayer in public elementary and secondary schools. It requires the Department of Justice’s Office of Legal Counsel to review the guidance prior to distribution to ensure that it represents the current state of the law. In addition, it requires that, as a condition of receiving ESEA funds, an LEA must certify in writing to its SEA that it has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public schools as detailed in this updated guidance.

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