Legal Question in Education Law in Pennsylvania

Not my Beliefs

My best friends son is 10 yrs old. His class at school is teaching meditation and other new age things that go against his family's personal religous beliefs. Is there anything out there legally that protects him from having to do this. The family does not want to take a legal course of action, however they also don't want their son to '' have'' to learn about and participate in the new age material.


Asked on 9/12/05, 2:18 pm

1 Answer from Attorneys

CHARLES WEINER Law Office of Charles Weiner

Re: Not my Beliefs

It is difficult to respond to your inquiry without knowing more about the content of the material being taught. Moreover, if this is a private or parochial(rather than a public or charter)school then there is no legal prohibition to its instruction. However, I can provide you with several principles that are instructive.

This is a complex issue as it may involve religion in the public school (meditation may be construed as a religious ritual or prayer) which implicates the First Amendment of the Constituion. Generally, speaking a public school must never endorse or disapprove of religion or religious practices. Accordingly, organized prayer in the public school setting is unconstitutional. The Supreme Court has also ruled that a statute requiring a moment of silence which students could use for silent prayer or meditation is unconstitutional. However, this ruling does not necessarilly mean that all moments of silence at a school are unconstitutional. It is important to also note that schools may not teach religion; however, it may teach about religion in a neutral and secular manner respecting its historical, literary or cultural value. Recently, several public schools have taught as part of their science curriculums "intelligent design". I believe "intelligent design" is teaching creationism and is therefore unconstitutional.

The Anti-Defamation League ("ADL") which is a civil rights organization that has been involved in securing the rights and individual liberties of all citizen since 1913, routinely has dealt with similar issues. The ADL has counseled individuals who believe their religious beliefs are being challeged by a school, in discretely handling their concerns. I am on the Board of Directors of the ADL and can perhaps provide further assistance to your friend. I can be reached at 215-348-4283 or [email protected].

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Answered on 9/12/05, 3:22 pm


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