Brief religious observances by Hawaii’s school employees are OK’d

The state school board Thursday unanimously passed a policy amendment that says state Department of Education employees may engage in short, quiet “religious observances” during private moments, in keeping with a landmark ruling in June by the U.S. Supreme Court.

Changes approved for the board’s preexisting Policy 900-3, titled “Religion and Public Schools,” include the addition of a passage that reads, “Department of Education employees may engage in brief, quiet, and personal religious observances when not engaged in the responsibilities of their job duties as long as their observances are not disruptive or coercive.”

But the fine points of how that amendment would be carried out by teachers and athletic coaches — including outlining when a DOE employee ends his or her job duties and becomes free to engage in a religious observance — will be the purview of an implementation plan the DOE is now tasked to produce within 90 days.

The full text, policy changes and justifications can be viewed at 808ne.ws/3YZS8k7.

The Supreme Court, in a 6-3 decision June 27, held that former Bremerton High School assistant football coach Joseph A. Kennedy’s kneeling on the 50-yard line in post-game prayer was private speech protected by the First Amendment.

The ruling drew attention to the fact that prayers and moments of silence or reflection have been taking place at some public school activities and sports games in Hawaii and other states for years.

The Hawaii BOE policy changes that were introduced to keep consistent with the high court’s ruling were reviewed by the state Attorney General’s Office, state Board of Education Chair Bruce Voss said Thursday.

The policy remains unchanged where it says Hawaii’s public schools “shall neither inculcate nor inhibit religion” and that “no religious instruction shall be given in any public school by any employee of the Department of Education during the regular school day. Teaching about religion shall be permitted where it is a natural part of the curriculum.”

The policy had also said, “Prayer and other religious observances shall not be organized or sponsored by schools and the administrative and support units of the public school system, especially where students are in attendance or can observe the activities.”

The board, in its approved changes, removed the phrase “especially where students are in attendance or can observe the activities.”