LIBERTY UNIVERSITY
ADVANCED LAW FOR
EDUCATORS
LEGAL ENTANGLEMENT
PROJECT
Prepared for KILLEEN I S D
PROJECT INTRODUCTION
Legal Risk Potential and Resolution
A. BACKGROUND and ETHICAL
FRAMEWORK
> Issue - Religious or Moral Beliefs Conflict
> Model Code of Ethics for Educators (MCEE)
> Case Law and Literature
B. PROPOSED POLICY and PROCEDURES
C. ADVOCACY for PROPOSAL
O V E R V I E
W
BACKGROUND and ETHICAL FRAMEWORKBACKGROUND and ETHICAL FRAMEWORK
BACKGROUND and
ETHICAL
FRAMEWORK
Review of Student Handbook policies
Potential Legal Entanglement
Model Code of Ethics for Educators
(MCEE)
Investigation of Case Law
and Literature
"A parent may remove his or her child temporarily
from the classroom if a scheduled instructional
activity conflicts with the parent’s religious or moral beliefs.
Removal may not be used to avoid a test and may not
extend for an entire semester. The student must also
satisfy grade-level and graduation requirements
as determined by the
school and state law.”
Killeen ISD
Student Handbook
BACKGROUND and ETHICAL FRAMEWORKBACKGROUND and ETHICAL FRAMEWORK
BACKGROUND and
ETHICAL
FRAMEWORK
Review of Student Handbook
policies
Potential Legal Entanglement
Model Code of Ethics for Educators
(MCEE)
Investigation of Case Law
and Literature
ISSUE
Model Code of Ethics for Educators (MCEE)Model Code of Ethics for Educators (MCEE)
Model principle I.B.1. …addresses/attempts to resolve ethical issues by:
Identifying and taking reasonable steps…
Model principle II.A.3. …demonstrates commitment to high standards via:
Advocating for equitable educational opportunities...
Model principle III.B.2. …demonstrates ethical care through:
Respecting each individual student
including, but not limited to…
Model Code of Ethics for
Educators (MCEE)
BACKGROUND and ETHICAL FRAMEWORKBACKGROUND and ETHICAL FRAMEWORK
BACKGROUND and
ETHICAL
FRAMEWORK
Review of Student Handbook policies
Potential Legal Entanglement
Model Code of Ethics for Educators
(MCEE)
Investigation of Case Law
and Literature
Establishment Clause upheld; separation
of Church and State
Originally violated a nonreligious student’s
freedom of religion
Lemon Test:
Gov’t honors
First Amendment
Case Law & Literature
Edwards v. Aguillard
Epperson v. Arkansas
Lemon v. Kurtzman
BACKGROUND and ETHICAL FRAMEWORKBACKGROUND and ETHICAL FRAMEWORK
LEMON TEST
•PURPOSE is SECULAR
•PURPOSE DOES NOT
PROMOTE
or INHIBIT
RELIGION
•DOES NOT CREATE
ENTANGLEMENT
of GOVERNMENT
and RELIGION
School Law and the Public Schools:
A Practical Guide for Educational Leaders
=======
Supreme Court Strikes Down Louisiana Creationism Act
=======
The Right of the Child to be Heard in Education
Litigation: An Analysis of the ‘Intelligent Design’
Pennsylvania Case on the Separation
of Church and
State in Public Schools
LITERATURE REVIEW
Parent may remove child temporarily from the classroom if
a scheduled instructional activity conflicts with
religious or moral beliefs.
Removal may not be used to avoid a test or extend an entire semester.
Student may choose an alternative, predetermined assignment to meet
attendance and academic content requirements as determined
by the school and state law.
REVISED
POLICY
PROCEDUR
E
Student provides teacher with exemption form
with parental signature
Student chooses alternative assignments completed timely
Teachers prepare folder of alternative assignments to choose from
Accurate records of student’s attendance and
completed work important
ADVOCAC
Y
Presentation at Faculty
Meeting
Amendment to Student
Handbook
Parent letter in monthly
newsletter
References
Essex, L. N. (2016). School law and the public schools: A practical guide for educational leaders. Pearson Education (6th ed.).
Flygare, T. J. (1987). Supreme Court Strikes down Louisiana Creationism Act. The Phi Delta
Kappan, 69(1), 77-79. http://www.jstor.org/stable/20403539
Grover, S. (2007). The right of the child to be heard in education litigation: an analysis of the
‘Intelligent design’ Pennsylvania case on the separation of Church and State in the public schools. Education and
the Law, 18(2-3), 149-160. https://www.tandfonline.com/doi/
full/10.1080/09539960600919845
Killeen Independent School District (KISD). (2023a). About KISD. https://www.killeenisd.org/domain/7076
Killeen Independent School District (KISD). (2023b). Student Handbook.
https://www.killeenisd.org/cms/lib/TX02205734/Centricity/Domain/7180/23-24StudentHandbook.pdf
National Association of State Directors of Teacher Education and Certification (NASDTEC).
(n. d.). Model Code of Ethics for Educators (MCEE).
https://cdn.ymaws.com/www.nasdtec.net/resource/resmgr/mcee/mcee_2nd_edition_july_2023.d.pdf
PBK (n.d.). Chapparal High School. https://pbk.com/who-we-are/
THANK YOU