43-106
Schools
Cite as N.D. Op. Att'y Gen. 43-106
OPINION
43-106
October 25, 1943
(OPINION)
SCHOOLS
RE: Reading Bible permitted without comment
Your letter of October 19th addressed to the Attorney General has been referred to the
undersigned for attention and reply.
You desire our opinion upon the following questions:
1.
Do the laws of the state of North Dakota permit the teaching of the Bible in the
public schools?
Answer: Section 1388 of the Compiled Laws of North Dakota for 1913 provides that:
"The Bible shall not be deemed a sectarian book. It shall not be excluded
from any public school. It may be at the option of the teacher be read in
school without sectarian comment, not to exceed ten minutes daily. No
pupils shall be required to read it or to be present in the schoolroom during
the reading thereof, contrary to the wishes of his parents or guardians or
other person having him in charge."
2.
Do the laws of the state of North Dakota permit the teaching of the Bible in the
public schools by a religious Sister, provided she follows the Syllabus approved by
the state of North Dakota, and there is no attempt to teach a particular religion?
Answer: A person who has the necessary educational qualifications required by the laws
of this state, may teach in the public schools thereof regardless of the religious
denomination or sect to which she may belong. A religious Sister may teach in the public
schools of this state, if she has the necessary qualifications, provided, of course, that she
does not attempt to teach any particular branch of religion.
3.
Is the superintendent obliged by law to dismiss the pupils for the course in religion,
or may the course be given in a room of the school? It is understood that the
course is open to any and all pupils.
Answer: Religious instruction may not be given in the public schools of this state during
school hours. However, when the school buildings are not used for school purposes, a
school board may permit the use thereof for religious purposes, provided equal
consideration is given to all denominations.
ALVIN C. STRUTZ
Attorney General