6141.2
BP
Board Policy
Recognition Of Religious Beliefs And Customs
The Board of Education respects each student's individual right to freedom of religious practice, and religious indoctrination is clearly forbidden in the public schools. Instruction about religion shall not promote or denigrate the beliefs or customs of any particular religion or sect, nor should a preference be shown for one religious viewpoint over another. Staff members shall be highly sensitive to their obligation not to interfere with the religious development of any student in whatever tradition the student embraces.
Staff shall not endorse, encourage or solicit religious or anti-religious expression or activities among students during class time. As part of their official duties, staff shall not lead students in prayer or other religious activities.
Students may express their beliefs about religion in their homework, artwork and other class work if the expression is germane to the assignment. Such work shall be judged by ordinary academic standards.
While teaching about religious holidays is a permissible part of the educational program, celebrating religious holidays is not allowed in the public schools. School-sponsored programs shall not be, nor have the effect of being, religiously oriented or a religious celebration. School and classroom decorations may express seasonal themes that are not religious in nature.
Music, art, literature or drama programs having religious themes are permitted as part of the curriculum for school-sponsored activities and programs if presented in an objective manner and as a traditional part of the cultural and religious heritage. The use of religious symbols that are part of a religious holiday is permitted as a teaching aid or resource provided that such symbols are displayed as an example of cultural and religious heritage of the holiday and are temporary in nature.
Legal & Management References
State
Ed. Code 38130-38139 - Civic Center Act
Ed. Code 46014 - Absences for religious purposes
Ed. Code 51240 - Excuse from instruction due to religious beliefs
Ed. Code 51511 - Religious matters properly included in courses of study
Ed. Code 51930-51939 - California Healthy Youth Act
Management Resources
California Department of Education Publication - Appendix F history social science framework for California public schools
Court Decision - Mahmoud v. Taylor (2025) 606 U.S. ____ (2025 WL 1773627)
Court Decision - Florey v. Sioux Falls (1980) 619 F.2d 1311
Court Decision - Fellowship of Christian Athletes v. San Jose Unified School District Board of Education (2023) 82 F.4th 664
Court Decision - Kennedy v. Bremerton (2022) 142 S.Ct. 2407
Court Decision - Cole v. Oroville Union High School District (2000, 9th Cir.) 228 F.3d 1092
Court Decision - Lassonde v. Pleasanton Unified School District (2003, 9th Cir.) 320 F.3d 979
Court Decision - Lemon v. Kurtzman (1971) 403 U.S. 602
U.S. Department of Education Publication - Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools, May 2023
Website - CSBA District and County Office of Education Legal Services
Website - California Department of Education
Website - CSBA
Website - U.S. Department of Education
Cross References
0450 AR Comprehensive Safety Plan
1325 AR Advertising And Promotion
1330 AR Use Of School Facilities
5113 AR Absences And Excuses
5132 AR Dress And Grooming
5141.31 AR Immunizations
5145.2 AR Freedom Of Speech/Expression
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
6111 BP School Calendar
6115 AR Ceremonies And Observances
6142.8 AR Comprehensive Health Education
6142.93 BP Science Instruction
6142.94 BP History-Social Science Instruction
6143 AR Courses Of Study
6144 AR Controversial Issues
6145.5 AR Student Organizations And Equal Access
6145.8 BP Assemblies And Special Events
6154 BP Homework/Makeup Work
6161.11 BP Supplementary Instructional Materials