The Doe v. Cheatham County Settlement Details

Earlier today the ACLU-led Doe v. Cheatham County Board of Education case settled in federal court.  Here’s a copy of the settlement agreement.  The high points are:

Admissions (these are simply taken verbatim from the agreement)

1. Defendants have, in the past, permitted certain conduct to occur within the Cheatham County School District, which the Defendants admitted in their answer violated the Establishment Clauses of the United States and Tennessee constitutions.

2. Until June 2009, six faculty members of Sycamore High School had various biblical passages and religious references on their staff (district provided) website.

3. In the past, faculty members of Sycamore High School have set aside time for and encouraged or permitted a student to lead a prayer prior to or during school activities.

4. In the past, various employees of the Board of Education have permitted members of Gideons International into the classrooms during instructional time for the purposes of distributing Bibles. Defendants have admitted in their answer, that although the practice has since ceased, the past practice violated the Establishment Clauses of the United States and Tennessee constitutions.

5. In the past, various employees of the Board of Education have displayed religious symbols in their classrooms

6. Plaintiffs’ Complaint was filed to seek compensation for these numerous violations and to prevent any future violations. This settlement memorializes Plaintiffs’ success and status as the prevailing party.

Agreements

1. Each defendant gets a nominal damage payment of $100.

2. The District/Board has to pay attorneys’ fees and reasonable costs under 42 U.S.C. § 1988.

3. As to prayer, school officials (of course) can’t lead prayer themselves, but they also cannot solicit someone else to pray (including third parties, students, etc.) and if they find out, then they have to take reasonable steps to stop it. (“School Officials shall not authorize students, student groups, a student body (through election), or third parties to include Prayers, whether or not it is noted in a printed program, during or in conjunction with a School Event.”)

4. The Gideons can’t hand out bibles anymore.

5. The District/schools have to make a “good faith effort” to “avoid holding School Events for any school within the School District at nonsecular venues not commonly associated with any religion or religious organization when an alternative venue is reasonably suitable that is not a Religious Venue”

6. School officials can’t talk about/promote their own personal religious beliefs, including leading prayer/devotions, participating (lecturing, leading, etc.) in nonsecular student clubs, or “orally express[ing] personal religious beliefs to students during or in conjunction with instructional time or in conjunction with a School Event.”

7. Also, the Bible (or other “sacred text”) cannot be cited “as authority for historical or scientific fact.”

8. Religious imagery/symbols/quotations are pretty much out (i.e., can’t be displayed), except for “wearing, possessing, or displaying unobtrusively religious symbols or jewelry on his/her person.”  Wow, talk about giving someone just enough rope with which to hang themselves.

9. Teachers can’t post religious beliefs or references thereto on their district webpages.

10. Finally, as quoted in my post earlier today, the District/Board can protect itself from liability with a prompt internal investigation and rectification of the problem:

In the event of a violation of any of the provisions of this Agreed Order by a teacher at any school in the Cheatham County School District, upon the reporting of such violation, the Cheatham County School Board shall follow its usual procedures for conducting an internal investigation into the alleged violation. If the Cheatham County School Board complies with this provision, the actions of a teacher shall not serve as a basis for liability of the Cheatham County School Board or any member thereof, or any principal of any school in the Cheatham County School District for violating the terms of this Agreed Order, unless any of those individuals knew of and/or actively participated in the violation.  This provision shall not preclude any person from seeking injunctive relief to enforce the terms of this Agreed Order, irrespective of whether the Cheatham County School Board has followed its procedures for investigating any alleged violations.

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