School District Bans religious Holiday Celebrations

[Rick Duncan]

How is the school's mistaken fear of avoiding EC violations a reasonable pedagogical concern under Hazelwood?

Here is a hypo I use in class all the time. In an art class assignment to draw "an inspirational historical character," Sally draws a picture of Jesus and is informed by her teacher that her drawing is inappropriate because it violates the EC. 

Is the teacher's legal ignorance about the reach of the EC a "reasonable pedagogical concern?" Is it reasonable? Is it even a pedagogical concern?

Hazelwood is tilted in favor of the school, but the school's reasons must be both reasonable and pedagogical. For example, a rule that says we will sing the following songs (all of which happen to be secular) at the holiday concert because they teach the best music lessons is a pedagogical concern. But a rule that excludes religious music because of the school's unwarranted fear of the EC (or to appease some parents who object to religious music) is neither reasonable nor pedagogical. No?

Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902     




      
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