School officials should be aware of the United States Department of Education’s (ED) latest Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools. Though many teachers and school officials are passionate about certain issues in their personal capacities, schools must ensure their policies are strictly based on the parameters set out in law and not based on personal emotion or opinion when it comes to the burdens it places on students and staff’s First Amendment rights. Acting proactively to educate teachers and staff will help them avoid the significant legal liability that could come from violating basic constitutional protections. Though not a substitute for individual and specific legal counsel, this memorandum of law can assist schools in understanding and implementing sound policies that comply with the law.

CLICK HERE to access the memorandum.