USDE Releases Guidance on Constitutionally Protected Prayer in K-12 Public Schools (May 26, 2023)

On May 15, 2023, the U.S. Department of Education (USDE) made public updated guidance to provide information on the current state of the law concerning constitutionally protected prayer and religious expression in public schools. The principles outlined in the guidance are similar to the USDE’s 2003 and 2020 guidance on constitutionally protected prayer in public schools and with guidance that President Clinton issued in 1995. The USDE’s Office of the General Counsel and the Office of Legal Counsel in the U.S. Department of Justice have verified that this updated guidance reflects the current state of the law concerning constitutionally protected prayer in public elementary and secondary schools. This updated guidance has been made available on the USDE’s website at https://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html.