FLORIDA DEPARTMENT OF EDUCATION

 

John L. Winn

Commissioner of Education

 

  

 

 

 

STATE BOARD OF EDUCATION

  

 

F. PHILIP HANDY,

Chairman

 

T. WILLARD FAIR,

Vice Chairman

 

 

Members

 

DONNA G. CALLAWAY

 

JULIA L. JOHNSON

 

R

OBERTO MARTÍNEZ

 

P

HOEBE RAULERSON

 

L

INDA K. TAYLOR

  

 

 

September 19, 2005

 

MEMORANDUM

 

TO:

  

Florida School District Superintendents

 

FROM:

Linda Champion

 

  

SUBJECT:

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 each 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).

 

Please be reminded that each LEA is to provide this annual certification (see attached form) to

the Florida Department of Education (Department) by October 1, 2005. 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

 

 

 

LINDA CHAMPION

ASSISTANT DEPUTY COMMISSIONER, FINANCE AND OPERATIONS

 

325 W. GAINES STREET • SUITE 1214 • TALLAHASSEE, FL 32399-0400 • (850) 245-0406 • www.fldoe.org

Suncom 205-0406 • FAX (850) 245-9099

 

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Florida School District Superintendents

Page 2

September 19, 2005

 

 

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 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