By Staff Reporter |

Arizona Superintendent of Public Instruction Tom Horne believes the new federal guidance on prayer in schools serves as a pathway to further purge K-12 of diversity, equity, and inclusion (DEI). 

Horne said the administration’s characterization of speech compulsion made it clear that DEI presented an impermissible threat to religious freedoms. 

“The new guidance issued by the U.S. Department of Education states that ‘No public school, teacher, or school official should ever coerce or press a student to engage in speech or affirm a viewpoint that would violate the student’s sincere religious beliefs,’” said Horne. “Numerous DEI precepts violate widespread religious beliefs, such as urging students to change genders, age-inappropriate sexual lessons, and other elements that may demean a student’s religious beliefs.” 

Horne clarified that the new guidance doesn’t permit schools to coerce religious expression, either. Both the superintendent and the guidance cited the 2025 Supreme Court decision, Mahmoud v. Taylor, which found that public schools mandating curriculums endorsing homosexuality and transgenderism were violating religious freedom.

“No public school, teacher, or school official should ever coerce or pressure a student to engage in speech or affirm a viewpoint that would violate the student’s sincere religious beliefs,” stated the guidance. “[A] public school cannot require a student group to adopt a particular viewpoint in order to be recognized by the school if the viewpoint violates the student members’ religious beliefs. School officials also cannot express hostility toward religious student groups by demeaning their beliefs.”

The guidance, issued last week, addresses the issue of DEI elements in the context of requirements under federal law to advise on constitutionally protected prayer in public elementary and secondary schools. This updated version replaces the last guidance issued under the Biden administration in 2023. 

Horne offered a marked copy of the guidance highlighting key new provisions across the four parts of the nine-page guidance. 

In order to receive federal funding, local education agencies (LEAs) must certify in writing to the Arizona Department of Education (AZED) by Oct. 1 every year that none of their policies prevent or otherwise deny participation in constitutionally protected prayer in public K-12 schools. 

AZED will establish processes by which the LEAs provide that certification and by which complaints may be filed against noncompliant LEAs. AZED must also send a list of noncompliant LEAs to the Department of Education by Nov. 1. 

Presently, AZED requires LEAs to answer on Critical Race Theory and DEI as part of public reporting of school grades to assist with parental choice in schools. 

“We will add this question to our list and report answers not only on our website, but also, as required, to the federal government,” said Horne. “Those with unsatisfactory answers to this question will then be deprived of federal funds.”

The guidance further clarified that the Trump administration’s perspective on religious freedom within schools was unlike the “wall of separation” view undertaken by previous administrations. It cited the most recent Supreme Court decision on prayer by school officials, Kennedy v. Bremerton School District, which found that a high school football coach had a right to engage in prayer on the field after games.

“This is not the familiar but legally unsound metaphor of a ‘wall of separation’ between religious faith and public schools,” stated the guidance. “It is rather a stance of neutrality among and accommodation toward all faiths, and hostility toward none, deeply rooted in our nation’s history, traditions, and constitutional law — a stance that upholds our Constitution’s ‘recognition of the important role that religion plays in the lives of many Americans.’”

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