New education law may spark controversy about school prayer. (People & Events).

A new education bill signed into law by President George W. Bush Jan. 8 contains a provision on prayer in public schools that could cause church-state problems down the line.

The provision was added to the reauthorization of the Elementary and Secondary Education Act at the behest of Religious Right allies in Congress. It threatens to deny federal funding to any public school that prevents or otherwise denies participation in certain forms of religious activity.

The bulk of the new law mandates state testing of students in an effort to boost school performance and increases federal aid to public schools in certain cases. The measure enjoyed bipartisan support in Congress, and the prayer provision sparked little discussion, since lawmakers were eager to see the bill's other features become law.

The prayer language, Americans United asserts, could give Religious Right organizations a new weapon to use against public schools. Under the provision, the Department of Education will issue guidelines on which types of religious activities are permissible in public schools and which are not. Any public school that flagrantly violates the guidelines will receive a warning from Education Department officials and then will lose federal funding.

Americans United is concerned that the guidelines drafted by Education Department officials will fail to reflect Supreme Court doctrine on church-state separation as it applies to public schools or will be worded in such a way as to encourage certain forms of school-sponsored religious activity. Such biased guidelines would put public schools in a difficult position. They would either have to knowingly violate court rulings or run the risk of losing federal money.

AU said it was irresponsible of Congress to pass the bill with the school prayer measure intact, since the federal courts, not the Department of Education, have the final say on the constitutionality of religious exercises in public schools. Attorneys with the group plan to monitor the provision to see how it is implemented and will defend any public school threatened or harassed by Religious Right legal organizations. The group will also offer public comments when the Department of Education issues the new guidelines.

A second Religious Right-backed measure failed to make it into the bill. During deliberations in the Senate, U.S. Sen. Rick Santorum (R-Pa.) attempted to add a provision watering down the teaching of evolution in public schools by calling the theory one that "generates so much continuing controversy.... "

The language was seen as an effort to undermine evolution by labeling it "controversial," when in fact the overwhelming majority of scientists accept the theory. It passed the Senate but was later stripped from the bill when members of the House of Representatives and Senate met in a conference committee to reconcile the different versions of the legislation that had been passed by both chambers.

An altered version of the language did appear in the bill's conference report, which is not officially part of the legislation.

Nevertheless, the Discovery Institute, a neo-creationist group based in Seattle, issued a statement declaring victory.

"The new bill represents a substantial victory for scientific critics of Darwin's theory and for all who would like science instruction to exercise thoroughness and fairness in teaching about contemporary science controversies," trumpeted an Institute press release.

Bush's original version of the education bill also contained religious school vouchers, but administration officials quickly dropped the measure after Democrats made it clear they would not advance the bill with that provision intact. However, the version of the bill signed into law does contain a measure giving federal funds to community groups, including religious groups, to run after-school and tutoring programs.

AU and its allies successfully encouraged lawmakers to add language banning employment discrimination on the basis of religion in these programs. AU attorneys will also monitor this provision to make certain that no proselytism or mandatory religious activity occurs in the after-school programs.