State sends prayer plan to feds

By Emily Richmond (contact)

Wednesday, May 14, 2003 | 9:47 a.m.

The Clark County School District's new policy on prayer at graduation ceremonies is headed for federal review.

Nevada education officials say they sent a letter Tuesday to the federal Education Department noting that all 17 of the Silver State's school districts have turned in the required paperwork regarding compliance with new regulations governing school prayer.

Under the No Child Left Behind Act, local school districts must demonstrate that they do not have any policies that stifle student-initiated religious expression, such as after-school Bible clubs or on-field prayers before athletic events. Districts that fail to comply with the new regulations risk losing their federal funding. Clark County receives about $70 million in federal education dollars each year.

In light of the new federal law, the Clark County School Board voted in March to reword the district's policy regarding prayer at graduations, a move that prompted waves of protests. Some parents and students accused the board of interfering with free speech rights, while the American Civil Liberties Union argued that the revised regulation did not go far enough to protect students from being subjected to prayer at school-sponsored events.

The final version of the regulation bans graduation prayer when a speaker's comments are reviewed by administrators, which is the current practice. In instances where a speaker's comments are not reviewed, schools cannot be held responsible for an individual's remarks, the regulation states.

The policy brings the district in line with the federal regulations, according to the School Board's attorney, Ann Bersi.

But the Nevada ACLU disagrees and has moved forward with a lawsuit challenging the School District policy. The new regulation doesn't go far enough to protect students from being subjected to prayer in the school setting, said the organization's executive director, Gary Peck.

The regulation is also out of line with recent rulings handed down by both the 9th U.S. Circuit Court of Appeals and the Supreme Court, said Nevada ACLU attorney Allen Lichtenstein. It is those legal decisions the School District should be basing its policy on, not mandates handed down from federal education officials, Lichtenstein said.

The deadline for the state's school districts to submit their documentation of compliance to the federal office was April 15.

As of late last week, 42 states had provided proof that their schools were following the law, according to the Associated Press.