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
     

    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
     
     
      

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