[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Rules and Regulations]
[Pages 3257-3272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00876]


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DEPARTMENT OF EDUCATION

34 CFR Chapter I


Updated Guidance on Constitutionally Protected Prayer and 
Religious Expression in Public Elementary and Secondary Schools

AGENCY: Office of the General Counsel, Department of Education.

ACTION: Availability of guidance.

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SUMMARY: The Department publishes updated guidance on constitutionally 
protected prayer and religious expression in public elementary and 
secondary schools, dated January 16, 2020.

DATES: January 21, 2020.

FOR FURTHER INFORMATION CONTACT: Patrick Shaheen, U.S. Department of 
Education, Office of the General Counsel, 400 Maryland Avenue SW, Room 
6E300, Washington, DC 20202. Telephone: (202) 453-6339. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: The Department publishes updated guidance, 
dated January 16, 2020, on constitutionally protected prayer and 
religious expression in public elementary and secondary schools. The 
purpose of this updated guidance is to provide information on the 
current state of the law concerning religious expression in public 
schools.
    Section 8524(a) of the Elementary and Secondary Education Act of 
1965 (ESEA), as amended by the Every Student Succeeds Act and codified 
at 20 U.S.C. 7904(a), requires the Secretary to issue guidance to State 
educational agencies (SEAs), local educational agencies (LEAs), and the 
public on constitutionally protected prayer in public elementary and 
secondary schools. In addition, section 8524(b) requires that, as a 
condition of receiving ESEA funds, an LEA must certify in writing to 
its SEA that it has no policy that prevents, or otherwise denies 
participation in, constitutionally protected prayer in public schools 
as detailed in this updated guidance.
    The updated guidance is in Appendix A of this document.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register at www.govinfo.gov. 
At this site you can view this document, as well as all other documents 
of this Department published in the Federal Register, in text or 
Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat 
Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Program Authority: 20 U.S.C. 7904.

    Dated: January 15, 2020.
Reed D. Rubinstein,
Principal Deputy General Counsel, delegated the Duties and Authority of 
the General Counsel.
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[FR Doc. 2020-00876 Filed 1-16-20; 8:45 am]
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