Religion rights bill proposed for schools

By Alan Gathright - Rocky Mountain News
Monday, January 29, 2007 - Web Link
Send this news item to a Friend
Sign-up for Daily News Updates

January 27, 2007

A Colorado Springs lawmaker has proposed a "Public Schools Religious Bill of Rights" to combat what he calls mounting, nationwide violations of students' and school staffs' constitutionally protected religious freedom.

Sen. Dave Schultheis said the purpose of his bill is to raise awareness "of the religious liberties bestowed by the Creator and guaranteed to students, faculty and staff, in accordance with the 1st Amendment to the Constitution."

He added: "I believe that this thing is going to be a huge bill nationwide."

But other lawmakers said the bill doesn't have a prayer.

"Schultheis' thing has no chance," said Sen. Bob Hagedorn, D-Aurora, who said parts of the bill of rights sound like previous laws that courts have struck down for violating the separation of church and state doctrine.

"I would have to question whether or not Sen. Schultheis is serious about passing meaningful legislation or whether he just wants to throw something inflammatory out there and get shot down and then go play the martyr," added Hagedorn, who in the mid-90s introduced a successful bill to allow students a moment of reflection in class.

But Schultheis, a Republican, says he's serious about the need to defend the religious rights of students and school staff.

He cited the case of a Monument high school valedictorian who surprised school officials by using her graduation speech to urge people to discover Jesus Christ. School officials instructed her to e-mail parents, explaining that the school was not involved, according to media reports.

Schultheis also invoked school employees who've been warned they can't use scripture passages as e-mail taglines.

School administrators aren't being malicious - they just lack understanding about religious rights, he said.

He added that school districts nationwide that have "stepped on" Christian students' rights are often losing lawsuits costing "thousands of taxpayers' dollars" and triggering an exodus of devout youngsters to home-schooling.

But some lawmakers take issue with his solution: twin religious bills of rights for students and school staffs that the state Board of Education would have to update and reissue annually.

School districts would be required at the beginning of every school year to issue the bill of rights to students and staff and inform each parent or guardian in writing about the document. Public schools would have to keep on file a form signed by parents confirming they're aware of the rights document.

School board members who failed to enact polices could be sued under the bill.

"I think it's totally wrong-headed," said House Education Committee Chairman Rep. Michael Merrifield, D-Manitou Springs.

"I'd like to challenge Sen. Schultheis to explain how that's going to create a better education system, how that's going to close the achievement gap, how that's going to address the dropout problem," Merrifield said. "My hope would be that it dies a quick and painless death - or even a painful death."

Measure would address 'religious liberties'

What Sen. Dave Schultheis would post in public schools:

Students rights

• "To express his or her religious beliefs on a public school campus and at a school-sponsored event to the same extent as he or she may express secular viewpoints."

• "To sing religious songs along with secular songs as part of a school-sponsored or curriculum-related program."

• "To recite religious material when an oral recitation is assigned if the religious material fairly meets the educational purpose of the assignment."

Teachers rights

• "Not be required to teach a topic that violates his or her religious beliefs and not be disciplined for refusing to teach the topic."

• "Answer a student's question on a religious topic."

• "Display religious materials and items that relate to a topic being discussed in the classroom, including but not limited to a creche during Christmas or a menorah during Hanukkah."