In what attorneys are calling a victory for “every student’s right to live out their faith,” a Texas school district has reversed course and affirmed a student’s constitutional right to share Bible verses at her school.
Last month, a fifth-grade student with special needs in the Killeen Independent School District, near Austin, began sharing Bible verses on small rectangular strips of paper during recess, lunch and after school. According to attorneys with the American Center for Law and Justice (ACLJ), the school at first allowed the student to distribute the verses. But on May 12, the principal at Cedar Valley Elementary reprimanded the student and confiscated the Bible verses.
The student had been sharing verses from Genesis, Revelation, Romans and Psalms, including Genesis 1:27: “So God created mankind in his own image, in the image of God he created them;” Revelation 12:5: “He who was seated on the throne said, ‘I am making everything new!’”
Romans 12:2: “Do not be conformed to this world, but be transformed by the renewing of your mind;” and Psalm 112:7: “They will have no fear of bad news; their hearts are steadfast, trusting the Lord.”
After the principal confiscated the Bible verses, she spoke with the student’s foster mother, citing concerns that “parents might be upset” at the student’s handing out Bible verses, ACLJ Executive Director Jordan Sekulow wrote on ACLJ.com. The mom asserted her daughter’s constitutional right to distribute religious literature and to share her joy and faith during non-class time, but the principal said she would have to consult with district officials.
“On May 15, the principal again contacted the student’s mother, this time declaring that Killeen ISD policy prohibits all distribution of religious material on school property at any time,” Sekulow said. “Despite repeated requests, the principal did not provide the specific policy that would justify this total ban, instead directing the mother to the Killeen ISD website.”
The policy cited on the website said that non-school materials from students requires prior approval from the principal before it can be distributed, a standard that Sekulow said conflicts with established religious liberty under the First Amendment.
ACLJ sent a demand letter to KISD on behalf of the student and her foster mother, citing the landmark 1969 U.S. Supreme Court decision in Tinker v. Des Moines Independent Community School District, which declared students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The letter demanded that the school district respect the student’s religious liberty.
“The school district’s actions amount to unlawful suppression of religious speech, and concerns over parental complaints are not sufficient grounds to override constitutional protections,” Sekulow said.
The demand letter also referenced 5th U.S. Circuit Court of Appeals precedents that uphold students’ rights to distribute religious materials during non-instructional time, provided such activities do not disrupt the school environment. The letter warned the school of imminent legal action and gave the district a deadline of May 22 to address the issue.
On May 22, the district issued a written response affirming the student’s right to share Bible verses. The letter, written by the district’s general counsel, acknowledged that “a student may distribute religious material during non-instructional time, when the distribution does not interfere with work in the classroom.”
“They assured us that the teacher and principal involved have been made aware of [the student’s] rights, and moving forward, the district is committed to upholding religious liberty in its schools,” Sekulow said.
“This is not just a win for one student,” he added. “It’s a victory for every student’s right to live out their faith. We’re proud to have stood by her and grateful to see her rights affirmed.”
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