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programs: The Minnesota group took his
By ANEMONA HARTOCOLLIS
idea one step further to charter schools.
"We Iik,ed the, term, because it talked
s New York prepares to become the , about.mutual responsibilities," Mr. Nathan
,
34th state to operate charter
.
said: The charter school would receive pub
schools, the model of the future
lic money and be independent, but in return
may be in Chicago. 'Last week, a
it· would have to demonstrate :that school
Chicago priest proposed closing, down ,a , children ,were learning at least' as well as
Catholic parochial sc,tlool and reopening it . they were elsewhere in the system. Other
I as a charter. school, ' fmanced by taxpayers;
wise, its charter would be revoked and the
Religious in.struction could be available beschool shu t down,
, ,fore and after the regular classes, he said.
'In 1991 Minnesota became the first state
The ChiCago plan came just days after an
to adopt charter school legislation, which
.unusual coalitiim of black and Hispapic min
was writtel1 by Embe~Reichgott Junge, a
isters and wealthy Wall Street businessmen
DemocratiC statesimator who had sat with
proposed Similar arrangements under a
Mr. Nathan and others three yearseaflier.
, law passed last month aIlo\ying 100 charter
In 1992, the first charter school opened: In
"schools to be set up iIi New York State.
less than a decade; the movement has
~
;. The first charter school advocates Iiad
spread to 1,128 schools across the country.
'l
<:Something else in mind when they sat , enrolling about 250,000 children, according
i
:' ~ around a conference table in a lakeside
to the' Center for Education Reform, 'an
',: 'I
~:'lodge near Brainerd, Minn., ,in 1988 and ' advocacy organization in Washington.
, ,< ·/dreamed up the idea of public schools freed
About 3 percent of alJ ch arters granted have
'" .:from the' bureaucracy of public schools.,
been revoked, 'center officials said.
~
" Like many parents; educators and policy
1'
, makers grappling with· ways to 'improve
OME of these schools' ate little more
, than conventionaipubilc 'schools; ,
!,
"education, especially in poor neighborhoods,
,.
others 'are radically different, with ,
.- ,their agendas were more personal 'than PO:
, "itical or religious.
.,
special missions and' innovative,
e,ven qUirky, approaches, like biqfeedback;,
,
" , I
"A lot of us were deeply frustrated," said
Joe Nathan, who now heads the Center for, . to help learning disabl~d childre~'A classroom at the Keystone Education Center 'in Greenville Pa. the state's'~first charter school.'
i
,· School Change,at the University of-Minneso
Charter schools receive operatmg money
'
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, ,
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- the equivalent of tuition - from the
ta's Humphrey Institute. Mr: Nathan, a for
"I think what you absolutely get out of it," , FIoyd'Flak~, a for~er Six-ter~ .co~gre~ss-' '~
public school system. Bllt that doesn~t cover ' Whittle estimates' that profit-making com-.
mer public school'teacher, recalled sitting
Mr. Whittle said, "and I've seen this in dty
,man who is' pastor of the Allen AfriCan '.
. with Albert Shanker, the president of the
construction, renovatiori or in '!Dany cases' panies run fewer than 10 percent of charter
schools in the country. Executives of both ' ' after city, is that competition does raise all ' Metho.diS! Episcopal Church in Queens, say
:American,Federation of Teachers, Seymour
equipment" and unlike public school sys
boats: period."
;
, . they can create ~ecular schools that .meet "
Fliegel, a former deputy,superintendent of
tems;.charter schools rarely have the ability , companies say they have yet to run enough
Whether clergy.join:parents and others in
schools to make an overall profit:
,
'public schools in East Harlem in New,York
to issue bonds. To help pay for buildings,
the test of the law. . -,',. - ' .
the charter-school niove'mentremains to be
New York City'S Roman, Catholic:Archdi- '
While charter schools obviously are along
City, lawmakers and P.T.A: andcomniunity
desks and computers,charter schools have
ocese has expressed little interest in charter
seen. The Rev. Michael Pfleger's proposal
,leaders. Several of them had started small,
teamed with philanthropists, local business- ' way from' taking over public education in
, to.turn the st. Sabina School in-Chicago into
schools. But,it shares the same goals and
es and institutions like the Henry Ford ": America" their proponents, say, their influ
'iimovative alternative public schools that
a charter school has' ericouragement from
speaks 'the same language as a politicai ,
enc~ has been, disproportionate to' their
thrived by breaking rules but foundered
Museum- ,in Dearborn, Mich., and the,
the public schools chief, ,Paul Valla~. '
action committee that spent m!Jre than
YM.C.A. in Boston.
,
numbers.'
,
"
"
when the local school district demanded,
: ' conformity.,
"
.
', '
'
Worried about)osing talented teachers to -:: 'In New York; ,legislators have warned, $100,000, much of it raised by Wall Street
The need for \I1stltutional support has also
that groups, that want to start '. charter,
bUSinessmen, to proa lawmakers to vote for
charter schools,' local' school superintend
given rise to a third model - charter
~ Ray 'Budde, a retired 'teacher and admin
schools 'must meet a series o( tests designed
New York's charter law. The committee
ents in cities like Bo~tori, Rochester; Minn.,
: . "lstrator, had coined the term charter in a
schools managed by profit-making compa
to prove they are not trying to receive' tax
was called School ChOice Now. TI'ie Catholic
.
. : ,;1~88 Government-financed report, "Educa
nies like the Edison Project, ,run by the . and Flagstaff, Ariz.; have permitted irinova
~,' :,,' tion by Charter," to capture the notion of former'media entrepreneur Chris Whittle" tion that they blocked earlier, Mr. Nathan dollars by converting an existing pfivate or . Chu<ch I, 'lill p"",lnO '" pian fo' vouchsaid.'
,
parochial school. But ministers like;the Rev.
or th!,! Advanb;tge Schools Company: Mr.
~,teachers and district~ creating innovative
e~s, which it calls School Choice. ", /~
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Additional Charter School Guidance:.
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Maya public charter school be religious in nature or be affiliated wit~ a religious ~fL 0..,..--0~
organization?
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Charter schools that receive federal start-up funds must be nonsectarian in their programs,
admission policies, employment practices and all other operations, and must not be
affiliated with a sectarian school or religious institution. The charter school's curriculum
must be completely secular and no religious instruction of any kind may be provided by
the charter school. In addition, the charter'school may not have any formal organizational
ties with a religious organization. However, there are a number of ways in which
religious organizations may partner with charter schools and members of those
organizations may be involved in charter schools.
'
What are some examples of ways religious organizations and their,members may
partner with, or be involved in, charter schools?
A faith leader may participate in designing, organizing or operating a charter school in
his or her individual capacity-as a member of the community, not as a representative of
his or her religious organization. The Department recommends that diverse segments
""I..\- the local community be included in the initial organization and operation of a charter
~~
rSChOOI, because a charter school that is organized or operated exclusively or primarily by
Ir'",vc-. \ members of one religious organization or group may give rise to questions about the
l.independence and nonsectarian nature of the schooL
Likewise, faith leaders or members of religious organizations may work or volunteer in a
charter school, as long as the staff and volunteers of the charter school are selected and
hired on the basis of secular criteria and not because of religious belief or affiliation witp. ,
a religious organization.
'
Finally, like other public schools, charter schools may enter into partnerships with
community groups for secular purposes, such as tutoring or recreational activities.
Religious groups may be partners for these types of activities, as long as charter schools
select partners without regard to their religious, affiliation, ensure that no public funds are
used for religious purposes and do not engage in or encourage religious activity ..,
May chart~r schools use the facilities of a religious organization?
A charter school may use the facilities, of a religious organization to the same extent that
other public schools may use these facilities. Generally, this means that a charter school
may lease space from a religious organization as long as the charter school remains
' nonsectarian in all its programs and operations; and is not affiliated with the religious
organization. A charter school should select space based on its logistical and educational
needs, not because the space is located in or near a religious school or institution, or
because officials of the charter school are connected to a particular religious organization.
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Ahe Department strongly recommends that any space used by a charter school for
instructional purposes b~ free of religious symbols and under the full control of the
charterschoolduringschoolhou~.
-
r _______________________
May charter schools conduct outreach activities in churches or through religious
organizations?
,
A charter school's outreach and recruitment activities should be designed to reach all
segments ofthe parent community. Thus, a charter school may conduct outreach or
recruitment activities in churches or through religious organizations as part of a broad
based and balanced effort to inform the parent community about the charter school and
recruit a diverse student body. In order to. ensure that recruitment efforts reach all
members ofthe community, these activities should not be conducted exclusively in or
through religious organizations.
Is religious expres,sion allowed in charter schools?
Religious expression is allowed in charter schools to the same extent as in other public
schools.' The Secretary has issued Religious Expression in Public Schools (at
www.ed.gov/speeches/08-1995/religion.html).guidelines that address many ofthe issues facing
public schools (including charter schools) with respect to religion, including student
prayer and religious discussion, teaching values, teaching about religion and student
religious clubs. Although charter schools are not singled out in the'Secretary's guidelines,
as public schools they are subject to the responsibilities and limitations outlined in the
guidelines. These guidelines state "two basic and equally important obligations imposed
on public school officials by the First Amendment.
• First, schools may not forbid students acting on their own from expressing
their personal religious views or beliefs solely because they are of a religious
nature."
.- Second, "schools may not endorse religious activity or doctrine, nor may they
coerce participation in religious activity. ,Among other things ... school
administrators and teachers may not organize or encourage prayer exercises in
the classroom."
As stated in the Secretary's guidelines, students have the same right to engage in
individual or group prayer and religious discussion during the school day as they do to
engage in other comparable activity. For.example, "students may read their Bibles or
other scriptures, say grace before meals, and pray before tests to the same extent they may
engage in comparable nondisruptive activities." In informal settings such as cafeterias
and hallways, students "may pray and discuss their religious views with each other,
subject to the same rules of order as apply to other student activities .and speech." In
addition, students may "participate in before or after school events with religious
�.
,
content, such as 'see you at the flag pole' gatherings, on the same terms as they may
. participate in other noncurriculum activities on school premises." ,
The Secretary's guidelines also state that "[t]he right to engage in voluntary prayer or
religious discussion free from discrimination does not include the right to have a captive
audience listen or to compel other students to participate. Teachers and school
administrators should ensure that no student is in any way coerced to participate in
religious activity" an? "[t]eachers and school administrators, when acting in those
capacities ... are prohibited ... from soliciting or encouraging religious activity, and
from participating in such activity with students."
Charter schools are encouraged to consult the Secretary's guidelines when questions arise
concerning religious expression and to ensure that teachers, administrators, students and
parents are fully informed about the contents of the guidelines.
\
���Publi.c schools and religious
iDstitutions have different
missions. but they share many
of the same civic and moral
values. Both are located in
1110st neighborhoods. and
each is committed within its
own role to the well-being
of children. By working
together in ways ttlll!: ilrc
permissible under the First Amendment. as
interpreted by the U.S. Suprellle Court. schools
and religious communities can do much to
enhance the mission of public education.
Before any school district enters into a
cooperative arrangement v>ith any community
organization. including religious gronps. school
orficials must be confldent that the group
provides a safe and secure place for children. In
addition. special constitutional considerations
apply to cooperative arrangements \'vith religious
institutions. Under the First Amendment., public
schools must remain neutral among religions <lnd
between religion and non-religion. By contrast.
religious institutions exist to propagate religious
faith unci el1courag(~ religious practices.
Clearly. then. public schools must be card!..!l when
l:h(~y work with religious institutions, because in
important ways these institutions have dilTering
commitments. Althongh some of the issues
discussed here have not been authoritatively
decided by the courts. we helieve that: the consti
tutional principles aJJd guidelines outlined in this
document will enable schools aud religiOUS
groups to work together for the common good.
�These gUidelines focns 0]) arrangements
between public schools and religious institutions
because of the special constitutional
implications of those relationships. This focus is
1l0Clllennt to suggest that schools should only
seek out religious institntions or that such
institutions are preferred providers of assistance
to public-school children. We urge schools to
seek out a wide range of community organ
izations, religiolls and non-religious. without
regard to their views on religiolls issues.
L General Principles for
Cooperative Arrangelnent<)
\
In these guidelines, a "cooperative
arr~mge1l1ent" is defined as a shared
participation in specit1c programs and
m:tivities in accordance with a written
agreement. Before entering into a
cooperative arrangement. public schools
and religious cOIl.lmunities should
understand and accept the [,ollowing
principles:
1. Under the First ;\mendment. public
schools must he neutral concerning
religion in all of their activities. Sehool
officials must take the necessary steps to
ensure that any cooperative activities
that take place are wholly secular.
Persons invited to address students
during the school clay shall be advised of
this requirement and must agree to
abide by it before being <lHowed access
to students.
2. Students have the right to engage in, or
decline to engage in, religious activities
at their own initiative, so long as they do
not interfere with the rights ol'others.
School districts are urged to adopt
policies that reflect recent consenslls
�statements 011 current law concerning
religion in public schools. "Heligion in
the Public Schools: A foint Statement of
Cnrrent Law," the U.S. Department of
Education's guidelines on "Religions
Expression in Public Schools," and other
consensus guidelines may be obtained
by writing to the publishers of
this brochure.
3. Cooperative programs between religious
institutions and the public schools are
permissible only if:
• Participation in programs is not limited
to religious groups. That is, schools
must be open to participation by aU
responsible community groups.
Qualifications should not be established
vllhich have the practical effect of
including only religious groups.
Eligibility shall be stated in writing.
• 1\ student's grades, class ranking or
participation in any school prograrn
will not be affected by his or her
willingness to participate or not
pHrticipate in a cooperative program
with a religious institution.
• Student participation in any
cooperative program may not be
conditioned on membership in any
religiOUS group. acceptance or
rejection of any religiOUS belief. or
participation (or refusal to participate)
in any religious activity.
�II. cCrisis Counseling
In times of sudden cri.sis (e.g .. violent or
accidental death or students or teachers \.
schools may call on a wide range of'
qualified counselors. including religious
leaders. to assist school-employed
counselors in helping children cope vvith
the crisis at hand. Of course. religious
leaders lllay not be the only grief
counselors invited on campus during a
crisis. Religious leaders lllay not otherwise
be given routine access to students during
the school day. Even when counseling to
deal with a sudden crisis. religious leaders
should remember that a public school is
not a place for proselytizing or oth.er overt
religious activity.
To the extent that schools cooperate with
adults who are important in a student's life
(parents or other relatives. guardialls..
foster parents. social workers or
neighbors) to help the child deal with
school \.vork. behavioral problems. or other
issues. school~ may also cooperate with an
adult acknowledged by a student as his or
bel' religiolls leader. However, a school
may not in any way c.ompel or coerce a
student to speak to representatives of
religious institutions.
Ill. Mentoring Programs
Public schools lllay cooperate with
mentoring projects rLm by religious
institutions provided that:
• Otber community organizations are
given an equal opportunity and are
subject to the same secular selection
criteria to operate such programs in
partnership with the schools.
• Referrals are made without regard to a
student's religious belief's or lack of them.
�• Participation in the program is not
conditioned on mandatory participation.
(~r refusal to participate. in religious
programs operated by a religiolls
institutiou.
• At no time do school of]1ciais encourage
or discourage student participation in the
religious programs of religious
institutions.
Iv. Shelters
[n order to provide for the ::;afety of students
travelling to and from schools. the :,;choo\
district may ask local institutions (e.g..
businesses. firehouses, religious institutions)
to serve as temporary shelters for students
who seek to avoid danger or threatening
situations. Tbe school shall provide signs
indicating that the place is a shelter
available fix students.
V. School'Use of Facilities
Owned by Religious
Institutions
Public schools may arrange to llse the
facilities oj' private landholders, including
churches. temples; mosques, or other
religious institutions. Of course, all such
facilities must meet applicable hea lib ilnd
safety codes. But if the arrangement
involves the use of sanctuaries, playgrounds.
libraries or other facilities owned by religiolls
groups, then the following .First Amendment
guidelines must be followed:
1. The schoo!s must have a secular educational
pnrpose for seeking 10 use the facilities, such
as after-school recreation. extended daycate.
homework study baIL etc.
�2. Where schools lease space from religious
institutions for use as regular public
school classrooms. the leased space is in
effect a public-school facility. Religious
symbols or messages may not be
displayed in tbe leased areas.
''3. Cooperative programs using the facilities
of religious institutions must no~ afford
an actuClI opportunity for proselytizing
by e1ergy, school elnployees, or adult
volunteers of any school children during
the school-affiliated program.
(Of course. the law is not violated if a
cooperative program's use of a religious
facility COinCidentally results in a student
gaining an interest in attending worsbip
services there. But the law prohibits
clergy from leading dev0tiol1s as part: of
the school program.)
4. As stated above. religious symbols and
messages may not be displayed in space
leased fr0111 religious institutions fc)r use
as public-schoo1 classrooms. The rules are
somevvbat different fbr cooperative
programs. A room bedecked with
scriptura1 injunctions about repentance
and salvation \'Vould not be appropriate
for cooperative programs; a room with
religiOUS symbols or icons migbt well be.
S. School offkials may neither select nor
reject the use of a private religious facility
based on the popularity or unpopularity
of its religions teachings. Religion-neutral
criteria should be employed. e.g.,
proximity to the schools in question:
suitability of the facility for the intended
use; health and safety; comparative
expenses (if any); accessibility fbr parent
pickup or bu:-;ing.
6. The school's arrangement fix use of a
private religiOUS facility should not involve
�or necessitate an ongoing administrative
entanglement between the school di~trict
and the religions institution, in which one
party ends up exerting influence over the
content, scbeduling or staffiug or the
other's activities.
VI. Released-Tilne .
Religious Education
Public sclJools lllay allm,\1 students who
have parental permission to leave campus
during the school day for religiolls
instruction. (Snch released-time programs
were ruled constitutional by the U.S.
Supreme Court almost 50 years ago.) [n
released-time religiolls education, paTents
must give perllljssion in udvance for thdr
. child to be transported off campus during
the school day to a place deSignated by
participating religiOUS institutions. l'he
parent chooses which faith his or her child
is to learn.
If a public school chooses to allow
released time. the follOWing guidelines
must be observed:
I. 'J'he religious in.structioll
must occur orr campus,
and the program must
be wholly organized 1:.lllcl
run by the participnting
churches, mosqnes.
synagogues. or other
religious cOllllllunities
and not by tbe
schools. The
religiOUS
communities
should make all
arrrmgemcn1:s
Itlr l~lcilities.
/
�transportation, instruction, insurance.
parent information and permission. etc.
The programs should not involve the
expenditure of public funds.
2. In their words and actions, teachers and
administrators may not encourage or
discourage the partkipation 01 sludents
or parents in released-time programs.
'reachers should arrange their lesson
plans so that students who participate
in released-time religious education are
rIOt left at a disadvantage by missing
instruction. tests, or class parties during
that: time. Neither should non
participating students be deprived of
meaningful Classroom activity. Schools
must create neither incentives nor
penalties for students to participate or
not participate in reJeased-time
programs.
3. Parental permission must be a
prerequisite for participation in any
released-time program of religious
instruction. To avoid use of government
funds or personnel for religious indoc
trination, only the religious cOllununity
should print and only volunteers should
distribute any information and parental
permission i'orms to students. as well as
take attendance.
4.. Participating religious organizations
should inform schools of the weekly
attendance by each released student.
I
/
5. Schools may require liability insurance
aud other reasonahle regu]atiolls
relating to student health. education
and safety. provided such regulations
apply neutrally to all participating
religious communities.
���
Dublin Core
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Andrew Rotherham - Education Series
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Domestic Policy Council
Andrew Rotherham
Date
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1999-2000
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<a href="http://clinton.presidentiallibraries.us/items/show/36329">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/612954">National Archives Catalog Description</a>
Identifier
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2011-0103-S
Description
An account of the resource
The Education Series highlights topics relating to class size reduction, test preparation, the Elementary and Secondary Education Act, charter schools, the digital divide, distance learning, youth violence in schools, teacher salaries, social promotion, Hispanic education, standardized testing, and after-school programs. The records include reports, draft legislation, memoranda, correspondence to and from organizations and community leaders that focus on education issues, articles, publications, email, and fact sheets relating to the Administration’s progress on education.
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Clinton Presidential Records: White House Staff and Office Files
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William J. Clinton Presidential Library & Museum
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Adobe Acrobat Document
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171 folders in 12 boxes
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Charters and Religion
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Domestic Policy Council
Andrew Rotherham
Education Series
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2011-0103-S
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Box 1
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2011-0103-S-edu.pdf">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/612954">National Archives Catalog Description</a>
Provenance
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Clinton Presidential Records: White House Staff and Office Files
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2011-0103-Sa-charters-and-religion
612954