Please help me understand the law

[Lorena]

My son got his middle school yearbook yesterday. It contains half a
page dedicated to the Fellowship of Christian Athletes, which is a
downsize from last year's two page spread. Early in the school year I
got different versions from the PTA president on whether the FCA was a
school club or a community organization. Long story short, I
contacted the FFRF about the FCA early in the school year and they
sent out a letter to both the principal and the superintendent after
which the FCA stopped posting announcements on the school emails and
proselytizing in the school although they still held their meetings
there.

So here's my bafflement, if the FCA is a community organization why
are they included in the yearbook (there are no other non-school
yearbook inclusions)? If the FCA is a school group, are they allowed
to have christian symbols on the yearbook? There is a very prominent
cross and holy spirit symbol on the page plus the students in the
picture are holding their arms out to form a cross.

Lastly, am I overly sensitive? It is half a page after all...

[Steve Bratteng]

Religious organizations may use public school facilities the same as any other group that might rent space during non-school hours. The FCA is a student organization. It is run by students, but must have a faculty sponsor. 

I think yearbooks are typically privately produced and thus do not represent the school district. There is often a class or club that provides the content, but I think none of the funding comes from the school district. Ads are paid for by individuals, businesses, and school clubs. I think you should be able to buy an ad for an atheist club -- if you don't mind having burning crosses on your lawn.

[Nathan Toups]

I think you raise some valid questions, but I don't think they are doing anything wrong here. I am all about freedom of expression and if a school group sponsored by teachers who believe in the core values of the FCA and attended by students who join the FCA on their own free will. I see that as America's constitutional freedoms at work.

What I would have a problem with is if the school stopped another organization from representing itself on campus or in the year book. If the FCA received space in the yearbook but Wiccans, buddhist, zorastrians, Secular Humanist, or some group in a similar  "minority" were denied equal access to such resources, I think you would have reason to be very angry.

That being said, if you want to make a difference in these kids lives, you should see if there is interest in helping start some sort of group at your school. I wish I had CFI-style avenue like that when I was in high school.

--
Nathan Toups | rojoroboto.com | 512.981.7656

[Lorena]

Actually the yearbook is a class for 8th graders. I forget what the
official name of it is but the students in that class are the ones who
produce the yearbooks and there are no ads whatsoever in it. We pay
for the yearbooks we buy and I guess the school "pays" for the work
(class).

The whole community organization thing came out when I questioned
whether they were paying rent like other groups which use the
facilities do, specially since they were holding meetings at 7:55 am
when students are getting to their classes and the school day begins.
They "turned" into a school club then.

So what you're saying is the yearbook's content doesn't have to be
secular because the yearbook is not officially a school thing? How
odd...

And no, I wouldn't like any burning crosses on my lawn, thank you.

[Lorena]

Yeah, I get what you're saying. It'd be good to have a CFI club to
balance things out.

[Steve Bratteng]

Well, I assume you know I was joking about the burning cross bit; however, it would not be a joke in many places throughout rural Texas and the rest of the southern states.

It is possible that there is something amiss with the yearbook business; however, most of the time things of this sort are done within the legal limits.

The business about community group vs. student group speaks to the fact that most religious student groups get their marching orders from adults and adult groups; however, they must appear as student-run groups. Simply asking the question must have reminded someone that they must avoid the appearance of inappropriate connections.

I think the school district (AISD?) must have a publicly available set of rules on these and other matters. It is probably available online. It might be worthwhile to pursue the matter, if you have the time and energy to do so -- often it is only because of the diligence of dissenters that the majority realize they need to respect those in the minority -- and the rules.

[Steve Bratteng]

One more thing:

One of the cardinal rules that they seem to teach administrators is to do whatever they can to avoid lawsuits. So, often all it takes is a reminder of the rules to get compliance. 

Another group that has been active in this area is AU (Americans United for Separation of Church and State). They have lawyers in the national office that handle these things on a regular basis.