1. MEMORANDUM MEMORANDUM   

 
  
  
 
 
 
 
 
FLORIDA DEPARTMENT OF EDUCATION
 
MARTHA K. ASBURY
Staff Coordinator
Deputy Commissioner, Finance and Operations
    
____________________________________________________________________________________________________________
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
 
 
 
 
 
 
 
 
 
 
 
 
 
S
  
TATE BOARD OF EDUCATION
 
F. PHILIP HANDY,
Chairman
 
T. WILLARD FAIR,
Vice Chairman
 
 
Members
 
 
LINDA J. EADS, ED.D.
 
CHARLES PATRICK GARCÍA
 
JULIA L. JOHNSON
 
WILLIAM L. PROCTOR, PH.D.
  
 
LINDA K. TAYLOR
 
 
John L.Winn
Commissioner of Education
 
  
 
 
 
MEMORANDUM
MEMORANDUM
  
TO:
Florida School District Superintendents
TO:
Florida School District Superintendents
  
FROM:
Martha K. Asbury
FROM:
Martha K. Asbury
 
  
 
  
DATE:
October 6, 2004
DATE:
October 6, 2004
  
SUBJECT:
Guidelines and Certification Regarding Constitutionally Protected Prayer in
SUBJECT:
Guidelines and Certification Regarding Constitutionally Protected Prayer in
All Public
 
Elementary and Secondary Schools.
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 local educational agencies (LEAs), 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).
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 local educational agencies (LEAs), 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).
  
Please be reminded that each LEA is to provide this annual certification (see form attached) to
the Florida Department of Education (Department) by October 15, 2004. 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.
Please be reminded that each LEA is to provide this annual certification (see form attached) to
the Florida Department of Education (Department) by October 15, 2004. 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.
  
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
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

 
  
  
 
 
 
 
 
 
Florida School District Superintendents
Page 2
October 6, 2004
 
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 348, Tallahassee, FL 32399-0400. Please contact Leanna Durkin at (850) 245-
0501 or leanna.durkin@fldoe.org if you have any questions regarding your certification.
 
Thank you for your cooperation.
 
 
 
 
Attachments
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Back to top