Frequently Asked Questions
Churches Meeting in Public Schools
The Freedom From Religion Foundation often receives queries from shocked members of the public who receive flyers at their home inviting them to attend “church” at their local public school. Or citizens notice prominent signs at public school entrances on Sundays advertising church meetings. “Public schools can’t host church meetings, can they?” we are asked.
Unfortunately, two fairly recent decisions by the U.S. Supreme Court provide for the use of public school buildings by churches, religious and political groups on a content-neutral basis, if the public school districts are already renting their facilities after hours to other community groups.
Since many public school districts have the least expensive rental rates available in the community, rental to churches often involves what many of us consider taxpayer subsidy of congregations. Start-up churches often take advantage of low school rental to establish themselves. They obtain a prominent site for a new church, collect church donations on public property, and use their savings to eventually buy their own tax-free buildings. No wonder many taxpayers are concerned!
But there are rules which must be followed. If you notice church signs and gatherings at your local public schools, here are some steps you can take to monitor the situation:
1. Examine the contract.
Ask the school district for a copy of the contract. (Call the superintendent’s office, not the principal.) School district rental contracts are public information. A school district may ask that you to put your request in writing or e-mail. The district may ask you to pay for or reimburse the District if they mail you a copy. But they cannot deny you this public information.
2. Verify payment.
Once you have reviewed the rent contract, ask for verification that rent has been paid up to date. FFRF once uncovered a rental situation in which the church was in arrears by thousands of dollars and had not paid rent for most of the year, yet the school district had extended a new contract to this church. FFRF made headlines when it uncovered the money owed to taxpayers, and the church paid up!
3. Verify that rent is reasonable.
When you ask for the contract, also ask for a copy of the public district’s rental rate schedule. (The rate schedule may even be online at the District’s website.) Rental rates likewise are public information. Compare what the church is being charged with the rates assessed other groups. Churches and religious groups should not be receiving a preferred rate (although they may qualify for a nonprofit rate). Many districts are adopting a sliding scale, in which they charge the least to groups directly serving school-age children and the most to community groups serving an adult population. Churches renting schools on weekends fall into the latter category.
Take a thorough look at the rents charged for use of classrooms, auditorium, etc. Some churches virtually take over public schools on Sunday mornings, even using the pool for baptisms! We have had complaints from teachers about diapers left in classrooms.
Rent should be reasonable and cover space, equipment, janitorial overtime, AC, and heat. Otherwise it amounts to taxpayer subsidy of worship, prohibited by most state constitutions. If the rates for rentals in general seem inadequate to you, take this up with your local school board. Schools are always hurting for money so rentals should bring in revenue.
4. Monitor kiosks or signs.
Large church signs, posters and kiosks are often planted prominently by major entrances of public schools on Sunday morning or during the church services. If the contract permits this, there is not much you can do. But these signs should be informational only, and they should only stay up during the actual period of rental. FFRF has taken complaints about signs staying up all week (and all year). If this is happening in your community, complain! Also: prayer books, crosses and other religious paraphernalia should not remain on school property or be stored at the school.
5. Disclaimers.
Churches renting public school facilities often advertise their services in the newspapers and in community flyers, using the name and address of a public school. This gives the impression to the reasonable onlooker that the public schools themselves are involved. FFRF believes that wise public school districts will require all renters to carry disclaimers on ads, flyers and other information advertising their public school meeting location. Disclaimers may note that public school property is being rented after-hours and that this rental carries no endorsement by the school district.
How FFRF Can Help. If there is no contract or you verify that no rent is being paid, this amounts to taxpayer subsidy of a church or religious group. If you want FFRF to complain, send a clear e-mail, letter or fax to us describing the situation and detailing the name and address of the school where the church is meeting, as well as the name and address of the Superintendent (and title of the school district). It’s helpful to know background, such as how long this has been going on.
If you complain about a church kiosk being left on school property beyond the rental time and cannot get the district to halt the abuse, you may contact FFRF for backup help.
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The information and materials on this website are intended for informational purposes only and are not intended to be treated as legal advice.
The information is general in nature, pertains to laws and policy which may become quickly dated, and may not apply to particular factual or legal circumstances.
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