FLORIDA DEPARTMENT OF EDUCATION
?
STATE BOARD OF EDUCATION
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
SALLY BRADSHAW
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
MEMORANDUM
TO:
Florida School District Superintendents
FROM:
Martha K. Asbury
DATE:
December 15, 2003
SUBJECT:
JIM HORNE
Commissioner of Education
Guidelines and Certification Regarding Constitutionally Protected Prayer in All Public
Elementary and Secondary Schools.
Section 9524 of the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No
Child Left Behind Act of 2001 requires that a local educational agency (LEA), as a condition of receiving
ESEA funds, must certify in writing that it has no policy that prevents, or otherwise denies participation
in, constitutionally protected prayer in public schools as set forth in the attached “Guidance on
Constitutionally Protected Prayer in Public Elementary and Secondary Schools” published by the U.S.
Department of Education (USDE).
Each LEA must provide this certification (see form attached hereto) to the Florida Department of
Education (Department) by January 31, 2004. Such certification will be required each following school
year no later than October 1. The Department must provide USDE with a list of local education agencies
that have not filed the required certification or against which complaints have been received by the
Department. LEAs that fail to file the certification, or file it in bad faith, may be subject to enforcement
measures by the state or the USDE. Such measures may include the withholding of federal funds.
Additionally, pursuant to Section 1002.205, Florida Statutes, the USDE guidance must be distributed to
all LEA school board members, school superintendents, school principals, assistant principals and
instructional personnel. In order to efficiently facilitate such distribution, the Department requests lists of
e-mail addresses for all of the above individuals, and will request that the LEAs distribute copies to those
without e-mail addresses. Your LEA’s e-mail addresses should be forwarded to Carlenna Kyllonen at
carlenna.kyllonen@fldoe.org in Microsoft Word form if possible.
MARTHA K. ASBURY
STAFF COORDINATOR
OFFICE OF THE DEPUTY COMMISSIONER/ CHIEF OPERATING AND EDUCATION FINANCIAL OFFICER
325 W. GAINES STREET • ROOM 1214 • TALLAHASSEE, FL 32399-0400 • (850) 245-0456 • www.fldoe.org
SUNCOM 205-0456 • FAX (850) 245-9378 • MARTHA.ASBURY@FLDOE.ORG
AINES STREET • ROOM 1214 • TALLAHASSEE, FL 32399-0400 • (850) 245-0456 • www.fldoe.org
SUNCOM 205-0456 • FAX (850) 245-9378 • MARTHA.ASBURY@FLDOE.ORG
Florida School District Superintendents
Page 2
December 15, 2003
Please review the governing constitutional principles and the specific applications set forth in the USDE
guidance attached to this memorandum as you determine whether your district or agency has any policies
or practices that may violate federal constitutional law.
The attached certification should then be signed
and forwarded to the following address: Department of Education, No Child Left Behind, Attn: Lou
Marsh, 325 West Gaines Street, Turlington Building, Suite 344, Tallahassee, FL 32399-0400. Please
contact Mr. Marsh at (850) 245-0501 if you have any questions regarding your certification.
Thank you for your cooperation.
