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