Nazareth Area School District has reached a settlement with the parents of a Shafer Elementary School student who sued after their son was barred from handing out Valentine’s Day cards with a religious message to his first-grade classmates.
As part of the agreement submitted earlier this month for approval by U.S. District Judge Edward G. Smith, the district has changed a policy that barred students from promoting religious points of view in school.
The district would also pay the student’s lawyers $8,891 in attorney fees if the settlement is approved, according to the filing.
The Georgia-based Alliance Defending Freedom filed the lawsuit in April on behalf of Donald and Ellen Abramo after school officials removed messages explaining the religious history of Valentine’s Day from cards the first-grader, identified in court papers only as J.A., planned to distribute to his friends.
Matthew Sharp, who represented the Abramos, said the suit was an outgrowth of an earlier case in which Alliance Defending Freedom sued Pocono Mountain School District after a fifth-grade girl was stopped from handing out invitations after class to a Christmas party at her church.
The 3rd U.S. Circuit Court of Appeals found Pocono Mountain’s policy violated the student’s right to free speech.
Following its victory, Alliance Defending Freedom sent letters to hundreds of Pennsylvania school districts, including Nazareth Area, warning that their policies restricting religious speech by students may be unconstitutional.
“As long as this policy was on the books, there was a risk of it coming up again and again to infringe on the rights of students,” Sharp said.
A number of school districts changed their policies voluntarily, but Nazareth was among a handful that did not, he said.
“When we see school districts that don’t take steps to respect students’ rights to religious expression we’re always going to step in to defend those students’ rights,” Sharp said.
Nazareth schools solicitor Gary Brienza said the school board was aware of a recommendation by the Pennsylvania School Boards Association to change its policy with regard to student speech, but the Abramos’ lawsuit came shortly afterward.
“It was not something that was recommended be done immediately,” Brienza said.
Even under the revised policy, Brienza said he doesn’t believe the message the Abramos’ son wanted to distribute would be permitted.
“St. Valentine was imprisoned and martyred for presiding over marriages and for spreading the news of God’s love. In honor of St. Valentine’s Day, I want you to know that God loves YOU!!!” said the notes, which also included a short Bible verse.
“The view was … a very adult topic to be discussing,” Brienza said, noting the right to free speech has been held by courts to be narrower for younger students than older students.
The new policy recognizes that there are times and places when it is appropriate for students to discuss religion or distribute religious materials, but maintains a degree of control for teachers, Brienza said.
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