Balancing First Amendment Rights The need for a more inclusive school calendar in Broward County

Table of Contents

State and Federal Laws……………………………………………………..2

Current Situation Analysis…………………………………………………..3

District Profile 2011-2012…………………………………………………..4

Background…………………………………………………………………5

Demographics……………………………………………………………….6

Religious Holidays and Public Schools……………………………………..7

Survey Results……………………………………………………………....8

Objectives…………………………………………………………………..11

Conclusion………………………………………………………………….12

Exhibits/Attachments

Broward County School Calendars 2007-2013

Proposed Broward County School Calendar 2013-2014

Broward Islamic Centers/Mosques

Public Schools May Close on Religious Holidays

The first words of the First Amendment to the United States Constitution set forth the guarantee

of religious liberty known as the Establishment Clause:

"Congress shall make no law respecting an establishment of religion or prohibiting the free

exercise thereof."

According to the United States Supreme Court, the Establishment Clause can be described in the

following way:

"Neither a state nor the Federal Government can set up a church. Neither can pass laws

which aid one religion, aid all religions, or prefer one religion over another…No person can

be punished for entertaining or professing religious beliefs or disbeliefs, for church

attendance or non-attendance…In the words of Jefferson, the clause against establishment of

religion by law was intended to erect a "wall of separation between Church and State."

(citing Reynolds v. United States, 98 U.S. 145 (1878). Everson v. the Board of Education of

Ewing, 330 U.S. 1, 15-16 (1947).

Therefore, the Supreme Court has determined that both states and public schools can make

scheduling choices to close on religious holidays, if they do so for valid secular reasons.

“Lower federal courts have held that giving days off to state employees or closing schools on

religious holidays has the secular purpose of preventing absenteeism, (310 U.S. 296, 303

(1940), and in the case of Good Friday, providing public employees with a long spring

weekend.(482 U.S. 578, 582-83 (1987). Additionally, two other federal courts (457 U.S. 853,

864 (1982) have concluded that schools may close on Good Friday and traditional Jewish

holidays such as Yom Kippur and Rosh Hashanah because “high absenteeism among both

teachers and students on those days resulted in low instructional productivity and increased

costs [in terms of] substitute teachers.” (403 U.S. 602 (1971)

This means that Broward County Schools currently close on Christmas and Good Friday to

prevent excessive absenteeism by scheduling a winter or spring break. However Broward County

Public Schools also close on Yom Kippur and Rosh Hashanah which happen to be two of the

Jewish high holidays; this could possibly be a matter of secular efficiency or a policy or practice

that endorses or fosters one religion over another.

The Council on American-Islamic Relations, Florida (CAIR FL) is a grassroots civil rights and advocacy group.

CAIR is America’s largest Islamic civil liberties group with regional offices nationwide and in Canada. Since its establishment in 1994, CAIR has worked to promote a positive image of Islam and Muslims in America. Through media, government relations, education and advocacy, CAIR puts forth an Islamic perspective to ensure the Muslim voice is represented. In offering this perspective, CAIR seeks to empower the American Muslim community and encourage their participation in political and social activism.

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Current Situation Analysis

2007-2013 Five year analysis of Broward County Public School Calendar:

[See attached Broward County Public School Calendars 2007-2013]

Christmas: Schools closed 100%

Good Friday: Schools closed 100%

Rosh Hashanah: Schools closed 100%

Yom Kippur: Schools closed 100%

Hanukah: Schools closed 80%

Passover: Schools closed 50

Eid-ul-Fitr: Schools closed 0%

Eid-ul-Adha: Schools closed 0%

Christmas is Federal holiday for everyone;

therefore it is a day off. Good Friday

coincides with spring break. However the

Jewish holidays are not Federal holidays.

They are purely religious holidays and

Broward County Public Schools have a

record of consistently closing on Jewish

holidays.

The issue is not about closing schools on the Muslim holidays for religious reason, but about

treating Muslim citizens and tax payers equal to their Jewish and Christian counterparts.

Broward County schools close on the Jewish holidays not just because of attendance but also

because of Jewish community activism within our political system. The issue for Broward

County Muslims is about equality. Schools which close on the Jewish and Christian holidays

should close on Muslim holidays based on equal treatment; otherwise they are discriminating

against others based on religious beliefs.

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0

10

20

30

40

50

60

70

80

90

100

2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013

5 Year Data of Broward County Public School Closings

Christmas Rosh Hashanah Yom Kippur Good Friday

Hanukah Passover Eid-ul-Fitr Eid-ul-Adha

District Profile

Broward County Public Schools is the sixth-largest public school district and the largest,

fully-accredited public school district in the nation. The District serves the educational needs

of a unique urban/suburban mix of 256,872 students. Students who attend Broward County

Public Schools are from 178 countries and represent 53 language groups

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Background

The Muslim community in Broward County is uniquely diverse and represents over 50 different

countries. It is a melting pot of people from all regions of the globe. While our languages and

cultures may be as different as the countries we come from, one thing we all have in common is

the celebration of both Eid-ul-Adha and Eid-ul-Fitr. These two celebrations are the most

significant and holiest holidays observed by over 1.5 billion Muslims around the world.

The Islamic Organizations of Florida estimate that 800,000 Muslim people live in the State of

Florida of which approximately 47,765 call Broward home. There are 25000 Muslim American

registered voters in Broward County.

Muslims in Broward County can trace their ethnicities to the following countries: Source: http://www.religionfacts.com

Mauritania

Maldives

Western Sahara

Somalia

Turkey

Iran

Israel

Algeria

Afghanistan

Yemen

Tunisia

Oman

Mexico

Comoros

Djibouti

Morocco

Iraq

Libya

Pakistan

Saudi Arabia

Tajikistan

Jordan

Qatar

Senegal

Azerbaijan

Egypt

Mali

Niger

Trinidad

Gambia

Uzbekistan

Turkmenistan

Indonesia

Bangladesh

Syria

Guinea

Kuwait

Bahrain

Palestine

Kyrgyzstan

United Arab Emirates

Guyana

Canada

USA

Lebanon

Albania

Brunei

Sudan

Malaysia

Sierra Leone

Burkina Faso

Chad

Nigeria

Eritrea

Ethiopia

Kazakhstan

Spain

Puerto Rico

Argentina

Cuba

Venezuela

India

South Africa

Brazil

South Florida Muslims serve our government as law enforcement officers, military personnel,

postal employees, educators, prosecutors, public defenders, elected officials' staff, city and

county employees. In the private sector the Muslims thrive in medicine, law, engineering,

academia, retail, wholesale, transportation, information technology, food & hospitality to name a

few. The majority of the Muslim community is well educated and contributes to the surrounding

communities on a regular basis through charity events and community programs.

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Demographics

It is clear that various cities throughout the United States consider the population of the student

body as an important factor in determining the school closures for religious holidays – and the

reasons are quite obvious and understandable.

PEW Forum on Religion and Public life reports that Muslims in the U.S. make up one of the

nation's fastest growing religious groups. Florida Islamic Association estimates that the Muslim

population in South Florida will triple over the next two decades.

According to the data collected by CAIR Florida, www.cair-florida.org, Muslims living in

Broward County, comprising of 30 cities are estimated to be 44,765, of which 37.1% are below

the age 18.

With a growing population – data from the 2010 U.S. Religion Census shows Islam was the

fastest-growing religion in America in the last 10 years and expected to be the fasted growing

religion in the next 10 years.

MUSLIM POPULATION BY COUNTY 2011

According to the data collected by North American Jewish Data Bank, Jewish people living in

Broward County, comprising of 30 cities are estimated to be 170,700, of which 46% are age 65

and older, 29% are age 75 and older and 15% are below age 18.

Research indicates that the Jewish households in Broward County decreased from 18% in 1997

to 12% in 2008 and continue to decline. http://www.jewishdatabank.org/FloridaReports.asp.

JEWISH POPULATION BY COUNTY 2011

Total Jewish Population

in Broward County

Jewish population 0-18 years

of age in Broward

Median Age of Jewish persons

Broward County

2011 2011 2011

170,700 25,605 59 yrs

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Total Muslim Population

in Broward County

Muslim Population 0-18

years of age

in Broward County

Median Age of Muslims

Broward County

2011 2011 2011

47,765 17,721 27.8 yrs

Religious Holidays and Public Schools

At CAIR Florida we receive hundreds of phone calls from Muslim parents who are upset and at

times angry regarding Broward County Public School’s inability to recognize the need for school

closure during Eid-ul-Adha and Eid-ul-Fitr, the two most significant and holiest holidays

observed by over 1.5 billion Muslims around the world, including the USA.

EMERGE USA, center for voter advocacy (CVA), recently conducted an automated poll

in Broward County, Florida on the Muslim Eid holidays and whether they should be

official holidays recognized by the public education system in Broward County.

EMERGE USA is a national, non‐partisan organization that seeks to ensure Muslim,

Arab, and South Asian American communities have the same constitutional rights, social

privileges, and political opportunities afforded to all Americans

The poll asked a series of questions to the over 15,000 members of the Muslim, Arab and

South Asian (MASA) communities that live in Broward County.

The poll in Broward County found that an overwhelming 83% of those that participated

in the county‐wide poll believe that the Muslim holiday of Eid should be recognized as

an official holiday where all students have the day off in public schools.

Of those that participated in the poll, 45% currently have children in the Broward County

Public Schools System.

The debate over whether to include Muslim holidays, including the post‐Ramadan celebration of

Eid‐ul‐Fitr, in the public school calendar has recently gained a lot of support and attention in

school districts with large populations of Muslim students’ nation‐wide. Community leaders and

other advocates have committed to supporting the inclusion of these Muslim holidays in public

school calendars similar to other religious communities. They argue that a good initial step

towards this goal would be to at least give students an excused absence on these days.

Therefore, CAIR FL did an independent Survey and asked 1300 parents of children that attend

Broward County Public Schools from the 16 Mosques and Islamic centers (see attached) located

in Broward County. The following questions were included in surveys to get accurate feedback

regarding school closure in relation to Eid-ul-Adha and Eid-ul-Fitr.

1. Do you keep your child or children home from school on Eid-ul-Adha and Eid-ul-Fitr?

2. Does the current Broward County School calendar hinder your child and family’s ability to

celebrate his/her most important religious celebration?

3. Should Broward County Public Schools include the Eid-ul-Adha and Eid-ul-Fitr as days off

under administrative leave for all students?

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Survey Results

1. Do you keep your child or children home from school on Eid-ul-Adha and Eid-ul-Fitr?

Results:

2. Does the current Broward County School calendar hinder your child and family’s ability

to celebrate his/her most important religious celebration?

Results:

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2. Does the current school calendar hinder your child's

and family's ability to celebrate your most important

religious holidays?

Yes

Not Sure

Sometimes

YES 89% NOT SURE 1.4%

NO 3.2% SOMETIMES 6.4%

Yes 91%

Not Sure 3.00%

Sometimes 6%

1. Do you keep your child or children home from school

on Eid-ul-Adha & Eid-ul-Fitr celebrations?

YES

NO

NOT SURE

SOMETIMES

3. Should Broward County Public Schools include the Eid-ul-Adha and Eid-ul-Fitr as days

off under administrative leave for all students?

Results:

***Survey results percentage have been rounded off to the nearest full percentage

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Yes 98%

Not Sure 2%

No 0%

3. Should Broward County Public Schools Close on

Eid-ul-Adha & Eid-ul-Fitr under administrative leave?

Yes

Not Sure

No

Survey Results

According to parents and students that participated in the CAIR FL survey, the current

school board policy does not create an inclusive environment for all students. We live in a

pluralistic society and as such Public schools are places for persons of all faiths and none.

Schools should not favor nor promote or denigrate any religion.

It is very clear that Broward County schools have consistently closed for Christian and Jewish

holidays as a matter of administrative convenience. It sends a conflicting message when our

schools choose to close only on particular religious holidays and not on others, especially when

Muslim students are such a significant part of the Broward County School population. As

Americans we all need to feel inclusive in our country, community, and our schools.

Parents indicated that even though Broward County Public Schools currently consider religious

holiday’s excused absences, parents are required to make a phone call or a write a note to excuse

the absence. A reason for the absence must be provided the day before or the day of or within 2

days following the absence.

More often than not, students said that they feel overwhelmed and stressed with the need

to make up assignments and many times miss important new lessons taught on those

days, not to mention having to makeup and/or reschedule tests/exams, which creates

unnecessary stress for the students as well as their families.

Most parents and children said that they find this situation very disheartening and

difficult to cope with.

All of the Muslim students and parents surveyed agreed that the guilt and stress

associated with not being in school when everyone else is takes the joy out of the

celebrations.

When public schools close for the purpose of secular reasons on the same days as some selective

religious holidays, they are not focusing on safeguarding equity for all students. Broward County

Public Schools must aim to understand, identify, address and eliminate the biases, barriers, and

power dynamics that limit students’ prospects for learning, growing and fully contributing to

society.

It is time to recognize that these barriers and biases whether overt or subtle, intentional or

unintentional, need to be identified and addressed. Equity and inclusive educational policies and

practices must support a positive learning environment so all students feel engaged and

empowered by the support of their school district and its policies.

This proposal and objectives demonstrate that the Broward County School Board must create an

equitable, inclusive education system which is fundamental to achieving the best publicly funded

education system in the world. 10

Objectives

The objective is to addresses the potential improvement of current policy of equal treatment of

Non-Federal non-State holidays.

The United States of America was founded on certain principles. Our nation, state and county

have long been a melting-pot of cultures and much of our strength as Americans stems from this

diversity. Respecting this diversity and according equal rights to minority cultures should not be

a challenge.

Therefore, the Muslim Community of Broward County highly recommends Broward County

School Board and its administration to create a more flexible and inclusive policy, one that can

accommodate the Muslim students along with the Jewish and Christian students by closing

school on Eid-ul-Edha and Eid-ul-Fitr.

Based on the demographics and the survey results there is much potential for improving the

Broward County School calendar in a way that safeguards equity for all students. Muslims in

Broward County seek equal treatment for themselves as well as their friends and neighbors.

Broward County Schools need to be responsive to the religious/ethnic makeup of the student

body.

In order to respect religious liberty and advance education, we recommend that Broward County

Schools take the following steps:

1. State of Florida gives each School district within the state to exercise flexibility in

establishing independent school calendars.

2. Revise the annual Broward County School Calendar to reflect and identify Eid-ul-Adha

and Eid-Ul-Fitr with the same methodology and purpose as Rosh Hashanah and Yom

Kippur and Hanukah.

3. Calendar decisions should not be locked in stone and must be flexible and open to make

changes in response to population changes as the world around us changes.

4. Based on CAIR-FL survey results and demographics approximately 15,237 Muslim

students are and will be affected by School Board policies on School closure.

In order to realize the promise of diversity, we must respect and value the full range of our

difference. Broward County School Board is responsible for providing a high-quality education

for all by means of fostering social cohesion, based on an inclusive society where diversity is

affirmed within a framework of common values that promote the well-being of all citizens. An

equitable and inclusive education strategy will help ensure that all students have the

opportunities they need to fulfill their potential

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Broward County School Board has the flexibility to take into account local needs and

circumstances such as geographical considerations, demographics, cultural needs, and the

availability of board and community support and resources.

Broward County School Board must provide leadership to schools by revising,

developing and issuing a board equity and inclusive policy with guidelines and/or

procedures to support implement and align itself with the strategy of a more inclusive

school calendar for all students in Broward County Public schools.

Broward County School Board is expected to create guiding principles of equity and inclusive

strategy for all students; Equity and inclusive education:

Is a foundation of excellence; in a diverse society, equity is a fundamental requirement

for educational excellence and high standards of student achievement.

Meets individual needs; Equity does not mean treating all students in the same way but,

rather, responding to the individual needs of each student and providing the conditions

and interventions needed to help him or her succeed.

Identify and eliminate barriers; all students are supported equitably through the

identification and removal of discriminatory barriers that limit their ability to achieve to

their full potential.

Promote a sense of belonging; Equity and inclusive education contribute to every

student’s sense of well-being.

Involve the broad community; Effective and meaningful school–community partnerships

are an essential component of an equitable and inclusive education system.

Build on and enhances previous and existing initiatives; Sound research and analysis of

successful policies and practices form the basis for the development and sharing of

resources.

Conclusion

As American citizens we must envision an equitable and inclusive education system in Broward

County in which: All students, parents, and other members of the school community are

welcomed and respected; every student is supported and inspired to succeed in a culture of

equity.

Unless the Broward County School Board is sensitive to cultural differences, they risk being

blissfully unaware of the discomfort and anxiety that a holiday/celebration may bring to minority

students, no matter if it is veiled with secular reasons or not. The school board must view the

situation through the eyes of others in order to realize that systematically scheduling school days

off on Jewish and Christian holidays is a form of discrimination which reminds Muslim students

of the uncomfortable differences in ideology between them and the other students. By scheduling

school days off very systematically on the Jewish and Christian holidays, in effect isolates

others.

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We are not asking you to declare a religious holiday to specifically recognize Muslim

celebrations; we are however asking the School Board of Broward County to create policy of

inclusivity when planning for school closings. We must work together to uphold our constitution,

show respect for diversity, and maintain a safe learning environment for all students, holiday

celebrations are best celebrated with peace of mind at home with friends and family rather than

at school.

Eid‐ul‐Fitr marks the end of Ramadan, and Eid‐ul‐Adha, marks the end of the annual pilgrimage

to Mecca. The data provided in this proposal seeks to further assist the School Board of Broward

County in understanding the diversity of the students in the county and their cultural and

religious affiliations.

While the dates of Eid-ul-Adha and Eid-ul-Fitr are based on the Islamic lunar calendar and

change year, they are established well in advance for Broward County School board to include

them in the school calendar each year. The dates for the two holidays have already been

established through the end of 2017, approved by the Islamic Society of North America (ISNA)

and the Fiqh Council of North America (FCNA), two of the most widely respected Islamic

entities in North America. The opinions and positions of both ISNA and FCAN are widely

respected and followed by many/most American Muslims and Mosques.

A twelve year Islamic Calendar has been established and listed with all Islamic religious

holidays up to the year 2017 at: http://moonsighting.com/important-global.html

Eid-ul-Fitr

Eid-ul-Adha

08/08/2013 10/15/2013

07/28/2014 10/04/2014

07/17/2015 09/23/015

07/05/2016 09/11/2016

06/25/2017 09/01/2017

The Broward County School Board and its administration must incorporate principles of equity

and inclusive education throughout their policies, programs, and practices.

Broward County Public Schools must aim to understand, identify, address and eliminate the

biases, barriers, and power dynamics that limit students’ prospects for learning, growing and

fully contributing to society. Barriers are related to race, ethnic origin, religion, and socio-

economic background. It is time to recognize that these barriers and biases whether overt or

subtle, intentional or unintentional, need to be identified and addressed.

We hope that you agree that fairness, respect, and inclusion dictate that schools be closed on

these two important holidays. 13