Fine arts education and religion: An analysis of primary sources of law for Establishment Clause jurisprudence and its implications for practice.

Abstract

The purpose of this study was to present a legal analysis of the past, current, and possible future direction of the courts and administrative agencies on church/state issues related to Fine Arts Education.

A pattern of constitutionally acceptable and unacceptable practices emerged from the analysis of case law and legislation. A pattern of use regarding particular tests of constitutionality was also discovered. The tests of constitutionality provided the basis for the construction of a Framework for the use of religious materials in Fine Arts Education. The pattern of practices provided the basis for the creation of a Model of Appropriate Practice for Fine Arts educators.

The study employed the techniques of legal research as a means to seek perspective on the interpretation of Establishment Clause jurisprudence as it pertains to Fine Arts curriculum. The scope of the study included cases pertaining to Fine Arts Education decided by appellate and district courts between 1980 and 2002. The study also included legislation from three states that pertained to the use of religious materials and content in public schools.