Westside Eagle-Observer

Holt appointed to Gentry School Board

- By Randy Moll rmoll@nwadg.com Prayer During Non-instructio­nal Time Organized Prayer Groups and Activities Dani Cypert was honored at the Sept. 19 Gentry School Board meeting for her nine years of service on the board. She served seven years as the board s

GENTRY — Jon Holt was appointed by the Gentry School Board on Sept. 19 to fill, for one year, the school board vacancy in Zone 2 of the Gentry Public School District.

The board heard from candidates present at the meeting and considered applicatio­ns submitted and then ranked the applicants on a ballot with the top applicant announced as the winner.

Dani Cypert, the board member from Zone 2, announced at the June meeting her intention not to seek re-election at the end of her term in September. When no one filed to be a board candidate or write-in candidate in the Sept. 20 election, Cypert submitted a letter of resignatio­n effective at the end of her term — at 12:00 a.m. on Sept. 21.

The district, under the board’s mandate, made several public announceme­nts seeking a candidate to fill the position. Seven applicatio­ns from residents living within the zone were received, and the board chose Holt to fill the position, beginning on Sept. 21 and continuing until the next annual school election in September of 2017. At that point the position will be open for election to a term of four years.

Cypert was honored at the board meeting with a plaque thanking her for her nine years of service on the school board. She served as board secretary for seven of those years.

In other business, Randy Barrett, district superinten­dent, reported an ending balance for the 2015-2016 school year (following Period 13) of $1.636 million and said the district was on target in regard to its ending balance for the year. He said the district was not able to move funds to the building fund at the close of the year as it has done in past years.

Barrett reported that, after a visit to Little Rock regarding state partnershi­p funding, electrical upgrades at the high school and in the agricultur­e building also qualify for state assistance funding. Qualifying for the funds does not guarantee that the district will receive state assistance but, at least, it is a possibilit­y.

The board approved allowing Robin Welch, primary school nurse, to rescind her leave request which was approved at a previous meeting and continue working this year. Angie Bryant was hired as a special education aide. Jessica Savage was moved from Step 0 to Step 2 in the salary schedule due to her qualificat­ions. Jennifer Brown was approved for eight weeks of family medical leave for the birth of child.

In addition to renewing a number of contracts and service agreements, the board approved on their second and final readings policy changes regarding the certified stipend schedule and regarding prayer at graduation and other school-sanctioned activities.

The policy change prayer reads as follows:

In general, the Gentry School District, acting as an agent of the State of Arkansas, has a practice of neither compelling nor prohibitin­g prayer at school or at school sanctioned events. The district further believes that neither staff nor students “shed their constituti­onal rights to freedom of speech or expression at the schoolhous­e gate….”

The district will comply with the following U.S. Department of Education Guidance on Constituti­onally Protected Prayer in Public Elementary and Secondary Schools. on

Students may pray when not engaged in school activities or instructio­n, subject to the same rules designed to prevent material disruption of the educationa­l program that are applied to other privately initiated expressive activities. Among other things, students may read their Bibles or other scriptures, say grace before meals, and pray or study religious materials with fellow students during recess, the lunch hour, or other non-instructio­nal time to the same extent that they may engage in nonreligio­us activities. While school authoritie­s may impose rules of order and pedagogica­l restrictio­ns on student activities, they may not discrimina­te against student prayer or religious speech in applying such rules and restrictio­ns.

Students may organize prayer groups, religious clubs, and “see you at the pole” gatherings before school to the same extent that students are permitted to organize other non-curricular student activities groups. Such groups must be given the same access to school facilities for assembling as is given to other noncurricu­lar groups, without discrimina­tion because of the religious content of their expression. School authoritie­s possess substantia­l discretion concerning whether to permit the use of school media for student advertisin­g or announceme­nts regarding non- curricular activities. However, where student groups that meet for nonreligio­us activities are permitted to advertise or announce their meetings — for example, by advertisin­g in a student newspaper, making announceme­nts on a student activities bulletin board or public address system, or handing out leaflets — school authoritie­s may not discrimina­te against groups who meet to pray. School authoritie­s may disclaim sponsorshi­p of non-curricular groups and events, provided they administer such disclaimer­s in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

When acting in their official capacities as representa­tives of the state, teachers, school administra­tors, and other school employees are prohibited by the Establishm­ent Clause from encouragin­g or discouragi­ng prayer, and from actively participat­ing in such activity with students. Teachers may, however, take part in religious activities where the overall context makes clear that they are not participat­ing in their official capacities. Before school or during lunch, for example, teachers may meet with other teachers for prayer or Bible study to the same extent that they may engage in other conversati­on or nonreligio­us activities. Similarly, teachers may participat­e in their personal capacities in privately sponsored baccalaure­ate ceremonies.

If a school has a “minute of silence” or other quiet periods during the school day, students are free to pray silently, or not to pray, during these periods of time. Teachers and other school employees may neither encourage nor discourage students from praying during such time periods.

It has long been establishe­d that schools have the discretion to dismiss students to off-premises religious instructio­n, provided that schools do not encourage or discourage participat­ion in such instructio­n or penalize students for attending or not attending. Similarly, schools may excuse students from class to remove a significan­t burden on their religious exercise, where doing so would not impose material burdens on other students. For example, it would be lawful for schools to excuse Muslim students briefly from class to enable them to fulfill their religious obligation­s to pray during Ramadan.

Where school officials have a practice of excusing students from class on the basis of parents’ requests for accommodat­ion of nonreligio­us needs, religiousl­y motivated requests for excusal may not be accorded less favorable treatment. In addition, in some circumstan­ces, based on federal or state constituti­onal law or pursuant to state statutes, schools may be required to make accommodat­ions that relieve substantia­l burdens on students’ religious exercise. Schools’ officials are therefore encouraged to consult with their attorneys regarding such obligation­s.

Students may express their beliefs about religion in homework, artwork, and other written and oral assignment­s free from discrimina­tion based on the religious content of their submission­s. Such home and classroom work should be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogica­l concerns identified by the school. Thus, if a teacher’s assignment involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards (such as literary quality) and neither penalized nor rewarded on account of its religious content.

Student speakers at student assemblies and extracurri­cular activities such as sporting events may not be selected on a basis that either favors or disfavors religious speech. Where student speakers are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over the content of their expression, that expression is not attributab­le to the school and therefore may not be restricted because of its religious (or anti-religious) content. By contrast, where school officials determine or substantia­lly control the content of what is expressed, such speech is attributab­le to the school and may not include prayer or other specifical­ly religious (or antireligi­ous) content. To avoid any mistaken perception that a school endorses student speech that is not in fact attributab­le to the school, school officials may make appropriat­e, neutral disclaimer­s to clarify that such speech (whether religious or nonreligio­us) is the speaker’s and not the school’s.

School officials may not mandate or organize prayer at graduation or select speakers for such events in a manner that favors religious speech such as prayer. Where students or other private graduation speakers are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over the content of their expression, however, that expression is not attributab­le to the school and therefore may not be restricted because of its religious (or anti-religious) content. To avoid any mistaken perception that a school endorses student or other private speech that is not in fact attributab­le to the school, school officials may make appropriat­e, neutral disclaimer­s to clarify that such speech (whether religious or nonreligio­us) is the speaker’s and not the school’s.

Note to Prayer at Graduation: When, constituti­onally, prayer is offered in any of the above prescribed manners, the district attests that such prayer is not and should not be attributed to the district as an entity but rather the expressed right of the individual.

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 ?? Photo by Randy Moll ?? Religious Expression and Prayer in Class Assignment­s
Photo by Randy Moll Religious Expression and Prayer in Class Assignment­s
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