Submission Date:
Question:
We are a small, urban, very diverse school district with a large English Language Learner (ELL) population and a high poverty rate. Our school library spaces are small and do not have adjoining meeting rooms. There is no dedicated prayer/meditation space in our schools either. In the past, during Ramadan and other Muslim holidays, school administration has directed Muslim students to use the libraries as prayer spaces. Currently, Muslim students have been directed to pray daily concerning the issues taking place in Israel/Gaza, so they have been coming in daily to pray. This becomes an issue as we have classes/groups scheduled in the libraries throughout the day, so space and privacy become an issue. The libraries are also not always staffed, as librarians travel between buildings and support staff is often pulled to cover for classroom teachers.
What is the legality of using a school library for a prayer place for students?
Should an alternative location be put in place in lieu of the school library?
We want to be respectful of students' religious view and rights, but also want and need to keep the school libraries accessible to all.
I would appreciate any advice you could provide on this topic.
Thank you.
Answer:
In the United States, public schools that accept federal funding are barred from restricting student access to generally available space on the basis of “religious, political, philosophical…” beliefs.[1]
In New York State, laws, regulations, and policies protect the rights of students to observe a religion at public school.[2]
Consistent with these rights and protections, public schools in New York State must allow student religious groups to use generally available space on an equitable basis[3] and confirm through policy that students and staff have an individual right to pray in school.[4]
So, in New York, students being accorded space and time to pray in school (including in a school library) can happen one of two ways: first, as an act of individual liberty, or second, as a group exercise of equal access to space.
Of course, granting space on an equitable basis and honoring an individual student's right to pray in school is not quite what the member is asking about; this question turns not on indisputable rights but on the practice of using library space for exercising them.
In some ways, a school selecting the school library as a place to exercise fundamental rights of religious expression sounds like a compliment to the library. When seeking a place to pray, who wouldn't prefer a welcoming, orderly library to a supply room, a gym, or even an empty classroom? There is something about orderly stacks of books and room to read that lends itself to spiritual confidence.[5]
As the member points out, however, a school library is not an empty classroom; it is a useful and routinely used space, often with scheduled activities, and generally available to all.
This is where things get tricky, and it’s at the heart of the member's question: What is the legality of using a school library for a prayer place for students?
The answer is: absolutely, use of the school library for individual prayer is legal, just as use of any designated space (a supply room, a gym, a classroom) for free exercise of religion can be legal.
That said, administrators implementing such an accommodation should be careful of three factors:
First, if space in the library is available to organized student groups/clubs for prayer, it must also be available for other school groups on the same basis (that's not the question here but is important to establish).
Second, if space in the library is available to individuals for prayer (which is the question here), the use should align with the school’s policy on “free exercise” of religion, but one must be careful not to drift into any “establishment” of religion by making it seem like that is the purpose of the space.[6]
And third: a school should be wary of using the library space—which is for all students at all times—in a way that could limit access to others. Unlike the supply room, a gym, or an empty classroom, a library has a prescribed time when it is available (generally all day). Accommodations in furtherance of free exercise of religion, while a basic civil right, should not impede access to a general-access location.
Which brings us to the second question:
Should an alternative location be put in place in lieu of the school library?
This question comes down to a school library's size and layout. If the school library has a spare study room or area in the library that can safely and respectfully be used for prayer, without restricting general access to library resources, it may make sense to use that space. But if (as the member writes) the library is small and only has space that meets basic regulatory requirements for the school (see 9 NYCRR 90), the school should consider another location.
The bottom line here: To avoid needless stress, the civil right of free exercise of religion should NEVER be pitted against the general needs of a community. In addition, accommodations that limit access to required resources should be avoided.
School administrators must think how they can allocate space safety so students can exercise their fundamental rights without putting them in needless conflict with the rights of others. School district lawyers and facility managers can help administrators reach solutions by allocating space with attention to compliance.
[1] This rule, which is rooted in the First Amendment, is found in 20 USCS Section 4071, and has a long history of case law behind it, including the recent “Praying Football Coach” case decided in 2022.
[2] For example, 8 NYCRR 109.2 allows students to be absent for a limited time for “religious observance and education.”
[3] For example, Glee Club and [Religion] Club have the same access.
[4] If you need more of a breakdown on this, an excellent case is Eder v. City of New York (2009).
[5] Or maybe that's just me. Like religion itself, the best place to pray is both highly personal, and highly specialized. In the case where prayer requires space, motion, and spatial orientation, as in this question, perhaps even more so.
[6] A good case that reviews this distinction is the 2022 U.S. Supreme Court case Kennedy v. Bremerton School District, where the court discussed the difference at great length.
Tag:
School Districts, School Libraries, Accomodations, First Amendment, Religion
