This regulation is meant to serve as a strict guidance in the recognition of religious observances. It is not meant to be all inclusive, nor is it meant to be construed as an absolute interpretation or stipulation of all applicable laws and regulations. Mutual cooperation and respect still stand as the cornerstone of the appropriate application and administration of any policy or procedure. Pursuant to Board of Education Policy 5125,

The Shenendehowa Central School District recognizes the diverse religious backgrounds and values represented in the school community.

It is the district’s intent and objective to be sensitive to the needs of all students and personnel. The district shall uphold all laws and regulations applicable to the observance of religious beliefs and values.

Where it is anticipated that a student or district personnel may be absent from class or work due to religious observances, the District shall maintain an effective balance between providing instruction and/or related work functions, while not adversely affecting those who are absent due to said religious observances.

The decisions of the district administration shall be in accordance with board of education policy and regulation 5125-R. The policy shall be distributed to all personnel and made available to community residents.

It shall be the practice of the Shenendehowa Central School District that when either of the two days of Rosh Hashanah or Yom Kippur falls on a regular school day, the school will designate Yom Kippur as a non-school day (holiday). In years when only one of the two observances falls on a school day, that day shall be designated as a non-school day (holiday). Other days of religious observances that shall be recognized on the school calendar as non-school days shall be Christmas Day, and Good Friday. The district shall also recognized and acknowledge the observance of strict fasting by Muslims students for the month of Ramadan, and take precautionary steps to ensure the health and welfare of those students.

The Shenendehowa Central School District recognizes its Constitutional (Establishment and Free Exercise Clauses, “Establishment Clause” of the U.S. Constitution) responsibilities to:

· Acknowledge the pluralism of religious beliefs and be conscious of and respect the sensitivity of others.

· Make reasonable accommodations for students and employees to meet their personal religious obligations

· Ensure that school personnel neither promote nor discourage religion in the schools or the practices of any specific religions on school premises

· Permit student-initiated religious expression to the same extent that it permits other student speech.

· Provide individual attention to specific requests for accommodations to meet religious obligations

Religious accommodation rules do not apply to requirements based on personal preferences rooted in non-theological bases such as culture, heritage or politics.

Request for Student Absence from School

The school/district shall strive to maintain an effective balance between providing instruction to students who attend classes while not adversely affecting those who are absent because of their religious beliefs.

· As with other school absences, parents/guardians are responsible for contacting the attendance officer if his/her child will be absent for the entire day or portion of a day for religious observances.

· A written request must be submitted at least a day in advance from the parent/guardian who want their child to leave school property for religious activities during the school day (s), or be absent for the entire day (s) for religious activities.

· Requests for absences for religious observances should generally be accommodated; however if the frequency or duration of absences would materially burden instruction, the principal may deny the request and subsequent absences would be considered unexcused.

· It is not appropriate for school personnel to question a student as to the nature of the religious activity.

· Schools may not allow religious instruction by outsiders on school premises during the school day.

· Students are allowed to leave school premises for religious instruction, and may return to ride their usual bus transportation home.

· Schools shall apply the usual sign out and sign in rules when students leave or return to the school building.

Test Schedules and Religious Observances

While the Shenendehowa Central School District does not designate specific days on which testing is prohibited due to religious observances on the school calendar, the following things should be considered:

· Teachers and administrators shall consult the district calendar, which provides the days of religious observances, prior to scheduling classroom or district-wide tests, important class activities such as field trips, special or required out-of-class activities, presentations, and/or the introduction of new or critical lessons, in order to avoid possible conflicts.

· Efforts shall be made to choose a schedule for tests and makeup opportunities that are reasonable under the circumstances and maximize the number of students in attendance.

Make-up work & Homework

To ensure appropriate make-up of work and other instructional activities, while not unduly interfering with the religious observance, parents and/or students are expected to inform teachers of expected absences so that the most appropriate accommodations can be made.

· Students who are absent from school or class because of religious observances shall be allowed to make-up work any examination, study or work requirement which he/she missed because of such absence.

· Makeup examination(s) or work shall be provided as long as it does not create an unreasonable burden upon said school, class, students, or teacher.

· Students are responsible for making up the work or exams according to an agreed-upon schedule.

Instructional Accommodations

Schools have the discretion to excuse individual students from lessons that are objectionable to the student or the student’s parents/guardians on religious or other conscientious grounds. School personnel shall not encourage or discourage students from availing themselves of such religious exemption.

• Religious accommodations cannot include excusing students completely from courses, testing, and/or other activities required by state law for graduation.
• Upon a request from a parent or guardian to have his/her child excused from specific instructional activities that they feel violate their religious beliefs, teachers and principals should consult with each other, and then with the parent to determine alternatives that are of comparable instructional value.
• Students generally are not exempt from lessons that may be inconsistent with their religious beliefs or practices.

Student Requests for Accommodations for Prayer

School authorities possess substantial discretion to impose rules or other pedagogical restrictions on student activities, consistent with the student code of conduct, without discriminating against religious activity or speech.

• Generally, a student(s) may pray in a non-disruptive manner when not engaged in school activities or instruction, and subject to the rules that normally pertain in the applicable setting.
• Specifically, students in informal settings, such as cafeterias and hallways, may pray and discuss their religious views with each other, subject to the same rules of order as applied to other student activities and speech.
• School officials, however, should intercede to stop student speech that constitutes harassment aimed at a student or a group of students.
• The right to engage in voluntary prayer or religious discussion free from discrimination does not include the right to have a captive audience listen, or to compel other students to participate.

Use of School Facilities by Student Prayer Group

Although the Equal Access Act applies only to our middle and high schools, other federal law extends these principles to our elementary schools. Under the 1984 Federal Equal Access Act, a secondary school that allows one or more non-curriculum related student groups to meet on school premises during non-instructional time may not deny equal access to or discriminate against students on the basis of religious, political, philosophical or other content of the speech at such meetings. Such a meeting, as defined and protected by the Equal Access Act, may include a prayer service, Bible reading, or other worship exercise.

• Student groups meeting on school property under this definition do not have to be authorized by the School Board as do school-sponsored clubs and organizations.
• Students are expected to be in class during instructional time and will not be granted permission to leave the classroom for prayer activities on school grounds, except to the extent that not excusing the student would result in a substantial burden on the student’s religious exercise.
• Students must request for use classroom or other building space during the non-instructional portion of the school day.
• All requests shall be directed to the principal and shall be granted in the same way as such requests are granted for other student gatherings not related to the curriculum.
• Student prayer groups must be allowed the same access to those facilities, equipment or services as other student groups (e.g., bulletin boards, computers, public address system announcements, notices in the school newspaper, yearbook coverage, club fairs, flyer distribution, etc.),
• Student gatherings or use of school facilities shall comply with the district’s Use of Facilities policy and handbook.

Student groups meeting for prayer must comply with the following conditions, regardless of whether they are informal gatherings or student clubs:

· Meetings are voluntary and student initiated

· Groups are not sponsored by the school

· Employees or agents of the school are present at meetings of the student prayer groups only in a non-participatory capacity for supervision purposes only

· Meeting do not materially or substantially interfere with the orderly conduct of educational activities within the school, and

· Non-school persons do not direct, conduct, control, or regularly attend activities of the student groups.

Teaching about Religion and the Expression of Beliefs in Student Work

Public schools may not provide religious instruction, but they may teach about religion using the Bible, Torah, Koran, or other scripture for lessons such as: the history of religion, comparative religion, and the role of religion in the history of the United States or other countries. Similarly, it is permissible to consider religious influences on art, music, literature, and social studies.

• Opportunities to learn about cultural and religious traditions should be provided within the framework of the curriculum.
• No student should be singled out to share or participate in such discussions solely on the basis of that student’s identification with the cultural/religious heritage being addressed.
• School activities related to the teaching about religious holidays or themes must reinforce educational goals, shall not be devotional, and open to students of all faiths.
• Students may express their religious beliefs in homework, artwork and other oral and written assignments, subject to nondiscriminatory academic standards regarding substance, relevance, and other legitimate pedagogical concerns.

Required Co-curricular Student Activities

Teachers and administrators for courses that require performance activities (e.g., band, theater arts, and chorus) shall consider accommodations for students who must miss some or all the rehearsals or performances because of religious obligations.

· School personnel shall consult the district calendar, which provides the days of religious observances, prior to the scheduling of rehearsals and performances, in order to avoid possible conflicts.

· Performance material shall be diverse in nature (song lyrics, drama themes, staging, etc.), designed to reflect the pluralism of religious beliefs and cultures.

· Upon request, students shall be excused from some or all the performance activity if the content conflicts with the student's religious beliefs.

· Students may not be penalized in their grades for meeting their religious obligations.

Extracurricular Activities/Interscholastic Sports

The purpose of extracurricular activities is to offer all students opportunities to participate in educational and/or athletic activities. The Shenendehowa Central School district does not always control, dictate and/or influence the final scheduling of some contests, however:

· School personnel shall consult the district calendar, which provides the days of religious observances, prior to the scheduling of practices or events, in order to avoid possible conflicts.

· School personnel and students leaders shall make every effort to not choose projects or activities that exclude or discourage students because of their religion beliefs.

· Students may form and attend religious clubs in the same manner as other student initiated clubs.

· Students may not be penalized for meeting their religious obligations.

School Level Perfect Attendance Awards

Because free exercise of religion is a Constitutional right, schools shall not withhold perfect attendance awards from students whose only absences have been excused for reasons of religion.

Requests for Student Placements

The school system will not honor requests for placement or non-placement of students into a class based on the teacher's race, sex, religion, national origin, age, or disability.

Student Clothing Associated with Religion

Students may wear clothing associated with their religion or containing a religious message as long as the clothing is consistent with established school guidelines.

· Conflicts between school guidelines and a student’s religious beliefs shall be reviewed on a case by case basis by the principal. For example, no-hat rules should be modified to allow religious head coverings.

· Clothing requirements for certain classes such as physical education may be adjusted in order to accommodate religious beliefs.

Decorations

One of the purposes of decorations in a school or classroom is to temporarily display student work. Seasonal decorations with religious themes that are student initiated and produced as part of the instructional program are acceptable.

Speakers

All presentations by outside speakers who are invited to address classes on subjects related to religion must be related to the instructional program of the class.

· Any material presented must be to educate, not to proselytize.

· Student speeches for graduation or similar events should be reviewed and approved by the principal in advance

EMPLOYEES RELIGIOUS OBSERVANCE - FEDERAL STATUTE:

Title VII of federal laws that applies only to companies with more than 15 employees protects all "sincerely held religious beliefs." The law's intention is to provide protection and accommodation for a broad spectrum of religious practices and belief not merely those beliefs based upon organized or recognized teachings of a particular religion.

However, it is equally clear that Title VII was intended only to protect and accommodate individuals with sincere religious beliefs and not those with political or other beliefs unrelated to religion. Thus, the religious accommodation rules do not apply to requirements based on personal preferences rooted in non-theological bases such as culture, heritage or politics.

· Federal law requires an employer to "reasonably accommodate" an employee's religious observances, practices and beliefs. However, an employer need not "reasonably accommodate" if the employer can show that accommodation would cause an "undue hardship" on business.

· What constitutes "reasonable accommodation" and "undue hardship" depends on the facts in a particular situation. Regardless of whether an accommodation is ultimately possible, the employer bears the burden of showing that a serious attempt was made.

· Employers must attempt to accommodate employees who, for religious reasons, must maintain a particular physical appearance or manner of dress in keeping with the tenets of their religion. Again, accommodation is possible if it can be made without undue hardship to the employer.

· When it comes to religious apparel, typically only safety concerns constitute undue hardship.

It is the employee's responsibility at the time he or she is hired to alert the employer of religious observances which will affect job responsibilities.

· Questions concerning an applicant's religion or the religious holidays observed by an applicant are totally impermissible. For example, an employer may not ask an applicant: "Does your religion prevent you from working weekends or holidays?" or "What church do you attend?" However, during an interview an employer may describe the regular days, hours, or shifts of the job.

EMPLOYEES RELIGIOUS OBSERVANCE -- NEW YORK STATE STATUTE:

On September 17, 2002, Governor Pataki signed into law an Amendment to Section 296.10 of the Executive Law (New York Human Rights Law), effective November 16, 2002, which greatly expands the rights of employees and prospective employees in exercising their sincerely held religious beliefs or practices during working hours without being penalized by their employers. More specifically, the Amendment makes it unlawful for an employer, directly or through an employee or agent, to cause an employee or prospective employee to “violate or forego” a sincerely held practice of his or her religion as a condition of obtaining or retaining employment, including opportunities for promotion, advancement or transfer. These practices include, but are not limited to, the observance of a particular day or portion of a day as a Sabbath or holy day.

· Employers must comply with the religious accommodation requests of their employees unless they can demonstrate, through bona fide efforts, that the accommodation would cause “undue hardship.”

· The employer must demonstrate the effect accommodation would have on the district, that is, the employer must prove the undue hardship.

· The employer is not mandated to provide the specific accommodation requested by the employee.

· As long as the employer has reasonably accommodated an employee's religious needs, the employer need not consider the employee's alternative suggested accommodations even if the employee's preferred accommodation would not cause undue hardship to the employer. (Ansonia Board of Education v. Philbrook, 479 U.S. 60 (1986).

Definition of “Undue Hardship”:

The United States Supreme Court has ruled that an employer need not incur more than minimal costs in order to accommodate an employee's religious practices (Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977).

· For example, an employer probably does not have to train a part-time employee at substantial cost in order to cover for another employee who is unable to work on Saturdays.

· Also, if a collective bargaining agreement is in force which sets forth rules regarding seniority and assignments, it may be an undue hardship to ask the employer to violate that agreement.

The Amendment to Section 296.10 of the Executive Law (New York Human Rights Law) sets a higher standard for “undue hardship” than found in the prior state law or federal law. It defines “undue hardship” as an accommodation which requires “significant expense or difficulty” including a “significant interference with the safe or efficient operation of the workplace or a violation of a bona fide seniority system.” The Amendment also specifies the factors to be considered in evaluating “undue hardship.” They include the following:

(1) The identifiable cost of the accommodation, such as the loss of productivity and of retraining or hiring employees or transferring employees from one facility to another, in relation to the size or operating cost of the employer;

(2) The number of individuals requesting the particular accommodation; and

(3) The degree of geographic and administrative separateness or fiscal relationship for any employer with multiple facilities making the accommodation more difficult or expensive.

However, an accommodation will be deemed an “undue hardship” if it makes the employee unable to perform the essential job functions for which he or she was hired.

EMPLOYEE RESPONSIBILITY

The employee cannot be unreasonable in demanding accommodation. Employees seeking to observe their religious beliefs and practices have a responsibility to do their part to help resolve conflicts between job duties and religious needs.

· An employee should tell his/her employer about the religious commitment at the time the job is accepted or immediately upon becoming observant if s/he becomes more observant while employed.

· Employees must be clear and specific when explaining why they need an accommodation. Vague reasons such as saying that s/he cannot work on a particular day because of cultural tradition will not suffice.

· The employee must clearly state that s/he is required not to work because of religious beliefs.

· Employees cannot be denied the use of paid leave, other than sick leave, for religious observances.

· Time off for religious observances that is not made up or charged to paid leave will be deemed unpaid leave.

Adjusted Work Schedule:

When deciding whether an employees request for an adjusted work schedule should be approved, a supervisor should not make any judgment about the employee’s religious beliefs or his or her affiliation with a religious organization.

· Employees shall submit a written request for an adjusted work schedule in advance.

· An employee shall specifically state that his or her request for an adjusted work schedule is for religious purposes and should provide acceptable documentation of the need to abstain from work.

· A supervisor may disapprove an employees request if modifications of an employees work schedule would interfere with the efficient accomplishment of the building’s or department’s mission.

Making up work:

The Amendment to Section 296.10 of the Executive Law (New York Human Rights Law) requires employers to accommodate employees’ requests for time off for religious observances by allowing them to make up an equivalent amount of time and work, whenever practicable, at some other mutually convenient time.

· Employees who work a different shift solely to accommodate their religious observances are not entitled to premium pay or benefits which may be available on that shift.

· However, the Amendment does not “alter or abridge the rights granted to an employee concerning the payment of wages or privileges of seniority accruing to that employee.”

· If an employees request is approved, a supervisor shall determine whether the alternative work hours will be scheduled before or after the religious observance.

· The overtime pay provisions of Title 5, United States Code, and the Fair Labor Standards Act of 1938, as amended, do not apply to employees who work different hours or days because of religious observances, even if an employee voluntarily works in excess of 40 hours per week or 8 hours per day for this purpose.

Contending with an issue of accommodation:

If an accommodation issue arises and it is not easily resolved, the employee should discuss the matter with his/her union representative, contact an attorney or contact the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights.