IRSD board back to business

The Indian River School District Board of Education continued with work as usual a week after the Supreme Court declined to hear the district’s appeal in the school-prayer lawsuit filed by parents of district students.

In 2008, the anonymous “Doe” family sued the school, arguing that the board’s habit of holding board-led prayer (often invoking the name of Jesus) at the start of school board meetings was unconstitutional under the establishment clause of the First Amendment.

Members of the public present at the meetings were not required to participate in the prayer but had generally done so. While the district has asserted that students are not required to attend the meetings, students often attend private disciplinary hearings and others frequently attend to participate in ceremonies, presentations and public comment periods.

In February of 2010, District Judge Joseph Farnan ruled in the board’s favor, citing the 1983 Supreme Court decision in Marsh v. Chambers, which held that prayer by legislative bodies is constitutional.

The school board adopted an official policy stating that board members would take turns leading a prayer or moment of silence before meetings and that the public was not required to participate.

However, in August 2011, the Does successfully appealed that decision to the U.S. Court of Appeals for the Third Circuit in Philadelphia, Pa., which reversed the original decision and found in favor of the Does, finding that the involvement of children in the board’s meetings made the prayers an unconstitutional act.

With the Court of Appeals having found against the district, the board ended vocal prayers and instead began each meeting with a moment of silence, pending an appeal of the Court of Appeals decision to the U.S. Supreme Court – something that had been anticipated by the board and their supporters from the start of the controversy.

However, on Jan. 17, the U.S. Supreme Court denied the district’s petition to hear an appeal of the August 2011 decision in favor of the Does. Many people had anticipated the Supreme Court making a conclusive decision on school prayer via the IRSD case, but the court instead sustained the Third Circuit’s decision against the district. The same day, it also rejected hearing an appeal in a similar case involving prayer before county commission meetings in North Carolina in which the lower court also found that the predominantly Christian prayers were unconstitutional.

The Doe family, who could not be reached immediately after the Jan. 17 announcement, commented this week on the Supreme Court’s decision not to hear further appeals by the district, effectively sustaining the lower court ruling in their favor.

“We are heartened that this is the final step in a long struggle to protect the freedoms of public school children in Delaware. The decision also affects children in Pennsylvania and New Jersey, which makes us feel that this terribly stressful and emotional battle was worth the fight.

“Religious freedom has been upheld here. Children will no longer be pressured by their public school boards to take part in the religious beliefs of adults whose only job should be to serve all of the children who attend our public schools, not just those whose who share the religious beliefs of school board members.

“There will be those who say we are taking away freedoms, but that is just plain wrong. It was teachers, administrators and school board members who pushed their personal religious views on our school children, and it is because of that political and religious pressure that we had to stand up for what is right. This is the end for us in a very painful process and, for that, we are grateful.”

Charles Bireley, board president, told the Coastal Point that he was personally “very, very disappointed” in the outcome of the court case, although he said he understood the situation.

“In the present time, we’re talking with our attorney, Jason Gosselin. He’s going to review the decision from the Third Circuit and see what our options are, if there are any options,” Bireley said.

The Third Circuit of Appeals forbade prayer before school board meetings, but during the appeal the board began with a moment of silence instead, in order to avoid flouting the ruling against the practice of prayer at the meetings. Gosselin recommended, for now, that the board hold no observance, so the moment of silence, too, was conspicuously absent from the Tuesday, Jan. 24, school board meeting.

Gosselin said he will review the case to determine what the board should do instead.

Citizens are allowed three minutes of speech during public comments, and several members of the public have taken advantage of that time to offer Christian prayer during public comments of recent board meetings, including the Jan. 24 meeting. Board members have typically bowed their heads for these prayers.

“We welcome that,” Bireley said. “And that’s really good for us.”

The lawsuit was not discussed during the public board meeting Jan. 24 at Indian River High School. Instead, board members discussed policy matters.

The board voted, 8-2, to approve the first reading of three district policies, plus the second reading and implementation of a fourth policy. Nina Lou Bunting and Donald Hattier both voted against the lineup, which included policies on bullying, homeschooling, student discipline and fees.

The State of Delaware recently instructed many schools to modify their bullying-prevention policies. Therefore, JG.1 – Bully Prevention Policy would now include a section on reporting procedures, such as anonymous tip boxes, recordkeeping and teacher liaisons.

LBD – Homeschooling adds language that says students who are homeschooled are not eligible to receive instructional services, with exception of driver education, or to participate in extracurricular activities. Board Member Patricia Oliphant said this is consistent with state rules and regulations.

JN – Student Fees allows schools the option of collecting student fees. High-school classes often use fees to fund proms, Homecoming events, field trips and so forth. Under the policy, there would no longer be a penalty if students were unable or unwilling to pay fees.

Finally, the board approved the second reading of Policy JG – Student Discipline. Some students who violate drug or alcohol policy are subject to 10 days of out-of-school suspension. The amended policy now offers the option of suspension or the successful completion at CAMP (Character Academic and Motivational Program) at another school location.

In other district news:

• The board recognized Indian River High School the following students for participating in All-State Band and Chorus: Schyler Adkins, Gwen Bunting, Jacob Butch, Katie Carpenter, Sara Cramer, Olivia Crass, Hanna Hattier, Rachel Jackson, Kyle Marvel, Paige Parker, Taylor Reeves, Austin Roadarmel, Jung Son, Bethany Walter and Trey Williams.

The board also honored IRHS athletes Brook Ash, Sam Cannon, Luis Cruz, Collier Donald, Sam Izzo, Josh Mercer, Meredith Mitchell, Sam Richter and Karlie Smith.

Georgetown Middle School science teacher Cristina Palmer was recognized as a National Arts Program Delaware Contest winner.

• Dr. Susan Bunting received a standing ovation from the audience for being a finalist in the National Superintendent of the Year awards. The winner will be announced Feb. 16 in Houston, Texas.

• The Buildings and Grounds Committee met in January to discuss various issues, including bids for lighting repairs at the IRHS concession stand, heating and air conditioning issues at G.W. Carver Academy and Sussex Central High School’s storage sheds and irrigation.

• SCHS Principal Jay Owens presented the school’s Vision 2015 projects, which include student-led conferences, goal-setting conferences, professional development for staff and AVID (Advancement Via Individual Determination) programs that promote career and college readiness.

• The board voted to accept a bid from Vision Forestry to manage the harvesting process at Ingram Pond. The district owns a large tract of land and educational center at Ingram Pond in Millsboro. Board Member Robert Wilson said some trees should be harvested regularly because of the way they grow. This is regular maintenance that IRSD has done multiple times since acquiring the land in the 1970s.

• Indian River High School student government representative Jung Son shared school news, including the positive Middle States report, granting IRHS seven more years of accreditation. The school also implemented a new check-in system for all visitors, which is intended to provide better efficiency and security.

• The next Indian River School Board of Education meeting will be Tuesday, Feb. 28, at 7 p.m. in the Sussex Central High School cafeteria.