The issue of prayer in public schools has been a hot-button issue for quite some time, pitting the Establishment Clause of the First Amendment against the freedom of expression. Some states have no statutory provisions for school prayer and tend to rely on federal law, which allows limited prayer as long as it doesn't alienate any one group of students. Texas prayer in public schools laws provides students with the "absolute right" to voluntarily pray in a way that is nondisruptive.
See the table to learn more about prayer in public school laws or read more information on the subject below. For more information, see FindLaw's Religion at School section for related articles.
| Applicable Code Section | Educ. 25.901 |
| What is Allowed? | Student has absolute right to individually, voluntarily, and silently pray or meditate in a nondisruptive manner |
Public Prayer and the Establishment Clause
The federal and state governments are prevented from endorsing or opposing any religion, or no religion at all. Because public schools are government entities, this means that they are not allowed to favor or oppose religion as well. Part of this prohibition includes forcing students to engage in a public prayer . The school-sanctioned prayer does not have to be aligned with any religion to be impermissible, because forcing an atheist student to pray violates his or her First Amendment rights.
Teaching Religion vs. Religious Instruction in Private Schools
In addition to preventing public prayer, public schools are not allowed to provide religious instruction. However, this differs from teaching students about different religions. Generally, public schools may teach about religions if the instruction does not favor one religion over another or no religion at all. As well, the instruction must have a secular purpose.
Private Prayer in Public Schools
There are many deeply religious Texan citizens, students included. Part of the First Amendment’s religious protections ensures that students are allowed to participate in private prayer at school. Preventing students from praying is as much of an infringement on first amendment rights as forcing nonreligious students to pray. Because of the individual right to practice religion, many public schools have student-led religious groups that meet after school or between classes.
A “Minute of Silence†in Public Schools
Courts have found a compromise between the right to private prayer, and the right to abstain from prayer in public schools. If the school chooses, it may hold a “minute of silence †in which a student is allowed to pray, meditate or reflect. However, a teacher or other school official is not allowed to suggest or endorse prayer, as that violates the First Amendment. The students must be allowed to engage in any non-disruptive activity during this time.
If you would like to know more about prayer in Texas public schools, there are many attorneys throughout the state with education law experience who may be able to help. If you feel like you may have had your rights to pray or abstain from praying in a public school, there are many civil rights attorneys in Texas who can help with constitutional issues.
