![]() The SEA must report to the Secretary all complaints that are filed through the process the SEA provides, including complaints that the SEA may deem meritless. The SEA must provide a process for filing a complaint against an LEA that allegedly denies a person, including a student or employee, the right to participate in constitutionally protected prayer. Section 8524(b) of the ESEA also requires that, by November 1 of each year, each SEA must send to the Secretary a list of those LEAs that have not filed the required certification or that have been the subject of a complaint to the SEA alleging that the LEA has a policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary and secondary schools. The certification may be provided as part of the application process for ESEA programs, or separately, and in whatever form the SEA finds most appropriate, as long as the certification is in writing and clearly states that the LEA has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary and secondary schools, as detailed in this updated guidance. There is no specific Federal form that an LEA must use in providing this certification to its SEA. An LEA must provide this certification to the SEA by October 1 of each year during which the LEA participates in an ESEA program.Įach SEA should establish a process by which its LEAs may provide the necessary certification. To receive funds under the ESEA, an LEA must annually certify in writing to its SEA that no policy of the LEA prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary and secondary schools, as detailed in Part II of this updated guidance. ![]() The Section 8524(b) Certification Process This updated guidance will be made available on the Department's website ( A. Department of Justice have verified that this updated guidance reflects the current state of the law concerning constitutionally protected prayer in public elementary and secondary schools. The Department's Office of the General Counsel and the Office of Legal Counsel in the U.S. Department of Education's (Department's) 20 guidance on constitutionally protected prayer in public schools and with guidance that President Clinton issued in 1995. The principles outlined in this updated guidance are similar to the U.S. These sections are designed to advise SEAs and LEAs on how to comply with governing law, certifying compliance with Parts III and IV is not a part of the required certification under section 8524(b) of the ESEA. Part III of this updated guidance addresses constitutional principles that relate to religious expression in public schools more broadly, not limited to prayer, and Part IV discusses requirements under other Federal and State laws relevant to prayer and religious expression. SEAs and LEAs are responsible, under section 8524(b) of the ESEA, to certify each year their compliance with the standards set forth in Part II. Part II clarifies the extent to which prayer in public schools is legally protected. The purpose of this updated guidance is to provide information on the current state of the law concerning constitutionally protected prayer and religious expression in public schools. § 7904(b), requires that, as a condition of receiving ESEA funds, an LEA must annually certify in writing to its SEA that it has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary and secondary schools, as detailed in this updated guidance. In addition, section 8524(b), codified at 20 U.S.C. § 7904(a), requires the Secretary of Education (the Secretary) to issue guidance to State educational agencies (SEAs), local educational agencies (LEAs), and the public on constitutionally protected prayer in public elementary and secondary schools. Section 8524(a) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act and codified at 20 U.S.C.
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