Last week, we received notice that the U.S. Department of Education (USDOE) issued guidance on constitutionally protected prayer in public elementary and secondary schools. This guidance and a letter from USDOE Secretary Paige are available at www.ed.gov/inits/religionandschools.

Section 9524 of the Elementary and Secondary Education Act (ESEA), as amended by the No Child Left Behind Act, requires that each local educational agency (LEA) certify in writing to the state educational agency that no LEA policy prevents, or otherwise denies participation in, constitutionally protected prayer as detailed in the above referenced guidance. Any school district or other LEA that fails to comply with this provision risks loss of Federal funds under the ESEA.

It is recommended that you consult with your school attorney to review all board of education or board of trustees policies to ensure that they do not prevent, or otherwise deny participation in, constitutionally protected prayer as detailed in the guidance.

The attached certification must be completed by the President of the Board of Education or Board of Trustees, the Superintendent of Schools or other Chief School Officer (such as the principal of a charter school) who is authorized by the LEA to sign this certification. It must be submitted to the New York State Education Department (SED) no later than March 15, 2003 at the following address:

Title I State Coordinating Office
New York State Education Department
Room 461
Education Building Annex
Albany, New York 12234

By April 15, 2003, SED is required to send to the Secretary of USDOE a list of those LEAs that have not filed the required certification.

School officials with questions on the guidance may write to USDOE Office of Elementary and Secondary Education at the following address:

As a condition of receiving federal funds under the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001 (NCLB), the local educational agency hereby certifies that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the current guidance issued pursuant to NCLB Section 9524(a).