The Frederick County Board of Education's policy committee voted to advance revisions to Policy 4-27, the school system's religious-expression policy, to the full board for a first reading while asking staff to review and clarify language about staff participation in student religious activities. Staff said the edits add legal definitions (government speech, personal time, private speech), align policy language with recent court decisions, and create clearer implementation steps for guest speakers, instructional materials and facility use.
The proposed policy reframes the section on student prayer and religious discussion to emphasize student-directed activity and to keep staff in a supervisory, non-leading role during school time. Staff cited Kennedy v. Bremerton School District and Board of Education v. Mergens when explaining the balance between the First Amendment's free-exercise protections and the establishment clause. A new subsection would explicitly allow controlled distribution of religious texts (for example, Gideon Bibles) in a restricted, adult-accessible space for a limited period, with the operational details to be set by regulation.
Parents and board members raised practical and legal concerns. Allison Rizzo, a parent who spoke during public comment, urged the committee to ensure schools are welcoming to students of faith and that policy language is clear for staff and families. Several board members challenged proposed wording that would let staff "participate" in after-hours student religious gatherings on school property, citing Bremerton/Mergens precedent and saying that staff should not lead or join student-led prayer when acting in their official capacity. Staff responded they would confer with legal counsel (research by "Mr. Dubay/Dubin" was cited) and either remove or reword the provision if it conflicts with the law.
Committee members also left several implementation details to regulation: the precise vetting and training required for chaperones and volunteers, the timing and access rules for distribution of religious texts, and the mechanics for guest-speaker review. Staff noted regulations will set whether some distributions are for a school week (an example of five days) or shorter (three days) and that those operational details are appropriately handled outside the policy itself.
The committee voted unanimously to move the policy to the board for a first reading, with the caveat that staff will clarify the staff-participation language and be prepared to cite authority if they leave it in the draft.