U.S. Guidance: Education Department Updates Rules on Prayer, Religious Expression in Public Schools

WASHINGTON — The U.S. Department of Education on Thursday released updated guidance on constitutionally protected prayer and religious expression in public elementary and secondary schools, aiming to clarify what students, families and staff may do on campus—and what schools themselves may not do as government institutions.

The guidance, which federal law requires the department to update periodically, says students and employees can pray or express religious beliefs as private individuals so long as they respect others’ rights, don’t disrupt instruction, and do not act on behalf of the school. It also reiterates that public schools may not sponsor prayer or pressure students to participate.

In practical terms, the document says schools may address religious expression the same way they handle comparable nonreligious speech—allowing it in appropriate settings, while restricting conduct that materially disrupts classwork or infringes on other students’ rights. It also says religious content in student work should be graded using the same academic standards applied to secular work, and that religious student clubs must be treated like other extracurricular groups if the school recognizes or supports student organizations.

The department said the 2026 guidance replaces a 2023 version and reflects recent Supreme Court decisions, including Kennedy v. Bremerton (2022) and Mahmoud v. Taylor (2025).

What parents can do: Ask your principal how your district applies the “equal treatment” standard for clubs and student speech, and request the school’s complaint process if you believe your child was singled out for religious (or nonreligious) expression. The full guidance is available on the department’s website.