What is the law concerning religious freedom in the school setting?
In California, religious freedom in the school setting is governed by both state and federal laws. The most prominent law concerning religious freedom in California schools is the First Amendment to the United States Constitution. This amendment ensures that each person has the right to practice the religion of their choice, or no religion at all, without fear of punishment or reprisal from the government. In California, the religious freedom of students is further outlined by the California Education Code. The code states that students have the right to express their religious views in school assignments, without fear of being penalized for it. It also protects school staff from promoting any particular religion. This protects staff from any pressure from students to take part in religious activities or proselytize. At the same time, California schools are required to remain neutral in matters of religion. This means that they cannot sponsor or support any religious activities or events, or teach religious doctrines or beliefs. Schools also may not pressure or discourage students from expressing their religious beliefs, nor can they pressure staff members to promote any particular religion. Finally, California protects the right of any student to receive an excused absence in order to practice their faith. Any student may be excused from school to participate in religious activities, but only if they provide written consent from a parent or guardian.
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