Expert: Michael Troy - 12/22/2001

Question
My four year old nephew attends a day care center. At home he says grace before meals. If asked he will pray out loud, otherwise he does it silently. The other day it seems his teacher asked what he was doing and when he said he was saying grace, she told him not to do that in school. And that he should just close his eyes and count to ten.

I said that was wrong. And that as long as he wasn't praying out loud, or trying to force the other children to take part, he had the right to pray.

Am I right?

Answer
Hi there,

Children have a Constitutional right to pray in school, as long as it is not disruptive to the educational process.  A silent prayer at lunch time could not in any way be construed as disruptive.

Public school teachers many neither encourage nor discourage prayer.  Either is a violation of the student's Constitutional rights.  

I am not permitted by legal ethics laws to provide specific legal advice in any jurisdiction where I am not licensed to practice.  But if it were my child, I would have a talk with the teacher, and the priciple if necessary.  If the teacher's actions persist, it could go to Court and probably be a pretty easy win.

Of course, the First Amendment only applies to government action.  If it is a private school, it gets much more complicated.

- Mike