es. .For example, students are permitted to gather around the flagpole for prayer before school begins, as many students do occasionally, as long as the event is not sponsored or endorsed by the school and other students are not pressured to attend. like outside adults, generally have no right to pray with or in the presence of students in a public school. (4) As representatives of the state, teachers are under an obligation to protect the rights of all students including non-believers. A teacher who abuses this position of trust may be terminated. Students may also meet for prayer and religious study pursuant to the federal Equal Access Act. If a school permits extracurricular student groups to meet during noninstructional time, this Act requires that religious groups be given equal treatment. Again, the Act does not allow teachers or other adults to lead such meetings.(5) The Act applies only to secondary schools as defined by state law. (See chapter 12 on equal access). The most confusing and controversial part of the current school prayer debate involves graduation prayer. In the 1992 decision Lee v. Weisman , the Supreme Court addressed this issue. The case involved prayers delivered by clergy at middle school commencement exercises in Providence, Rhode Island. The school designed the program, provided for the invocation, selected the clergy and even provided guidelines for the prayer. The Supreme Court held that the practice violated the First Amendment's prohibition against laws "respecting an establishment of religion." The Justices based their decision on the fact that (1) it is not the business of schools to sponsor or organize religious activities, and (2) students who might have objected to the prayer were subtly coerced to participate. This coercion was not cured by the fact that attendance at the graduation was "voluntary." In the Court's view, few students would want to miss the culminating event of their academic career....
