2004 Archives
2004 Archives

• Your vote made a difference!
  

  Your vote made a difference!

  "Our" candidates won or lost. Find the 2004 Election Results here! KNEA will continue working with all elected leaders to make public schools great for every child.

   

• Tis the Season for Legal Questions
  

  'Tis the Season for Legal Questions

  Each year, beginning about this time, we get several questions from teachers along these lines:

  • Can we sing Christmas carols in our school program?
  • Can I have a Christmas tree in my room? What about a nativity scene? What about a menorah?
  • May I teach my students about Kwanzaa?

  And so forth.

  Contrary to what some believe, schools have not been made "religion-free zones" by either legislation or the courts.

  While public schools may not teach religion, public school students may be taught about religion. The U.S. Supreme Court has recognized that many subjects, such as music, literature, history, art and social studies, cannot be taught without discussing the impact of religion. What is not permissible is proselytizing. For example, teaching about the conflict in the Middle East would be impossible without discussing the role of religion. However, you may not use that opportunity to promote one religion as being "right" or preferable. You may discuss the beliefs and teachings of each religion involved, but must give equal time to all and must present the beliefs in an objective fashion.

  In the same way, public schools may teach about religious holidays and the religious aspects of those holidays. The secular aspects of a holiday may be celebrated, while religious aspects of the holiday may not. What does this mean in terms of the classroom?

  You may teach a unit on religious holidays. In this unit, you may teach your students about Christmas and the reason for its celebration. You many also teach about Hanukkah and why it is celebrated. You may teach about Ramadan. You can teach the celebration of Kwanzaa. However, you must present this information in an objective way, without expressing preference for one over the other. Furthermore, you may display religious symbols while teaching this topic; however, once you have completed the unit, the symbols must come down. For instance, it is okay to have a menorah displayed while learning about Hanukkah, but you must remove it once you have left that topic.

  In addition, it is permissible to holiday parties in your classroom, but you must include only the secular aspects of the celebration. For example, you may have a Christmas party in your classroom. However, the party should not focus on celebrating the birth of Jesus Christ, but instead could focus on the ways Christmas is celebrated around the world. In this context, the display of a Christmas tree for the duration of the unit on religious holidays is acceptable, as would be an exchange of gifts, or Christmas crackers, as well as a discussion of Santa Claus and his various guises throughout different cultures. Similarly, you may have a Hanukkah celebration, with a menorah displayed and gifts exchanged. You may have a Kwanzaa meal. As long as you keep the celebration limited to the secular aspects of the holiday, there is no violation of "freedom of religion." In addition, any student who wishes to be excused from celebrating a particular holiday should be allowed to do so.

  Religious songs may be included in the study of music. School programs may include religious music, as long as religious music does not dominate the program. Dramatic productions depicting the Hanukkah miracle or the nativity are not appropriate

  Please remember that this article focuses on the broad legal aspects of religion in public schools. Your individual school districts may have policies that prohibit certain types of celebrations or may limit the scope of the curriculum. You must make yourself familiar with your district's policies and follow those policies. For instance, if your district prohibits Christmas parties in the classroom, you should not have one. If your district prohibits teaching comparative religions, don't teach that. If you have a concern about whether or not your district's policies violate the law, contact your building representative, local president or UniServ director.

  By Jacquie Shipma, MNEA manager of legal services and human resources.

   

   
• NEA secures continued tax break for educators
  

  NEA secures continued tax break for educators

  Thanks to the lobbying efforts of the NEA, the $250 tax deduction for out-of-pocket classroom expense incurred by teachers and paraprofessionals will be extended for the 2004-2005 tax years. (This is part of the House- and Senate-passed legislation, H.R. 1308, extending marriage penalty relief and the child tax credit.)

  In 2002, Congress passed legislation giving teachers and paraprofessionals a $250 federal tax deduction for out-of-pocket expenses for instructional materials and classroom supplies. The legislation represented an acknowledgment - for the first time - that teachers and paraprofessionals are spending their own money to equip their classrooms. This modest tax break expired at the end of 2003.

  NEA and some lawmakers worked throughout the year to reinstate the deduction. The Association will continue to work to make the deduction permanent and to expand eligible expenses to include professional development.

  DON'T FORGET TO KEEP THOSE RECEIPTS! This deduction is for people who do NOT itemize. There are many items you can deduct around professional growth, etc. KNEA members can read useful tax tips and advice in the January edition of the KNEA Issues.

  The tax bill also includes two other NEA victories - the extension of the Qualified Zone Academy Bond Program providing $400 million each year in 2004 and 2005 for school construction, and extension of a tax deduction for corporations that donate computers to public schools.

• Judge Bullock orders Kansas public schools closed this fall
  

  Judge orders Kansas public schools closed this fall

  KNEA answers teacher questions

  Judge Terry Bullock's ruling on the Kansas school finance law raises a number of questions. It is important to note that Governor Kathleen Sebelius is quoted as saying the state will do everything in its power to prevent schools from closing prematurely and to insure opening on schedule in the fall.

  It is also important to note that working with the Governor and other state leaders, KNEA is taking all actions possible to preserve the security of teacher contracts and fringe benefits through this difficult period. KNEA staff and leaders are working to provide accurate and current information about the status of Bullock's decision to superintendents and local association leaders across the state.

  The following are the most commonly asked questions we have received. If you have additional questions or concerns, contact your UniServ Director.

  Q - If I did not request a lump sum payment, will I still receive my summer checks?
  A - In the event Judge Bullock's decision is not put on hold by the Kansas Supreme Court, most, if not all, districts should still have sufficient money to make summer payroll.

  Q - Will the district continue to pay my health insurance premiums if Judge Bullock's decision is not put on hold?
  A - School districts pay health insurance premiums one month in advance. Most, if not all, districts will have paid June and July premiums before June 30 and will have sufficient resources to make health and other insurance premiums in a timely manner.

  Q - Will there be summer school?
  A - There is no single answer because the offering of a summer school program is a local decision. Questions about what your district will offer this summer should be asked of your local administration.

  Q - I have an extended contract and am expected to return to school in July (or August). Will I still have an extension?
  A -You should expect to honor your regular and extended contracts for the 2004-2005 school year and to be paid for that work.

  Q - Can the school district non-renew my extended contract at this late date?
  A -Unless the district can demonstrate it has exhausted all available resou