The Bush administration's fresh guidance about how to handle prayer in schools at the risk of losing federal aid amounts to a mandate for more religion in public education, a critic says.
But supporters say the Education Department's directive Friday to schools may clarify the debate and free students and teachers to express themselves without fear of reprisal.
The department's message: Schools must allow students to pray outside the classroom and permit teachers to do the same. At the same time, school officials cannot pray with students or try to promote or discourage a particular religious view.
"The Bush administration is clearly trying to push the envelope on behalf of prayer in public schools," said Barry Lynn, executive director of Americans United for Separation of Church and State. "Administration lawyers have selectively read case law to come to the conclusions they wanted, and school administrators should be aware of that."
Under federal law, the burden is now on schools to prove they have no policy that prevents constitutionally protected prayer. The department's new guidelines make clear that schools can lose their federal aid funds if they don't comply.
"Public schools should not be hostile to the religious rights of their students and their families," Education Secretary Rod Paige said. "At the same time, school officials may not compel students to participate in prayer or other activities."
The instructions broadly follow the same direction given by the Clinton administration and the courts. Prayer is generally allowed provided it happens outside of classroom instruction and is initiated by students, not by school officials.
The Education Department, however, also offered some significant additions and weighed in on some contentious matters, include the role of religion in public gatherings.
Students taking part in assemblies may not be restricted in expressing religious ideas as long as they were chosen as speakers through "neutral, evenhanded criteria," the guidelines say. Schools may issue disclaimers clarifying that such speech does not represent the institution.
In another significant change, teachers are permitted to meet with each other for "prayer or Bible study" before school or after lunch provided they make clear they are not acting in their "official capacities."
"I'm very excited about the clarity, and very optimistic that these guidelines will go a long way in solving issues related to students' religious speech," said Mathew Staver, president of Liberty Counsel, which promotes religious expression.