Indian religious symbols do not receive equal protection. All persons of religious beliefs do now engage our Fourteenth Amendment Rights of equal protection and the rights provided by the Equal Access Act, do now ask for equal access to display and receive the endorsement, pride and honoring that Native American Religious Symbols enjoy from the public schools. The policies they establish to meet the needs of their school district must be in compliance with both state and federal laws. They may face a dilemma when conflicts arise between the law and their own personal religious beliefs or community pressure to act. A school board's deliberate disregard of the law exposes the board to liability and sends the inadvisable message to students and the community that laws and school rules can be ignored.
Board members acting within the scope of their authority are immune from most personal liability.
However, a board member who violates the law while acting outside his or her scope of their authority can be sued and will be personally responsible for any judgment. Board members are entitled to qualified immunity when performing discretionary functions if their conduct does not violate clearly established statute or constitutional rights of which a reasonable person would have known. If you are concerned that religious symbols are being left out and abused it is your responsibility to speak out in your community and place of worship, in your local school district. You have the law on your side. Please feel free to participate in the process within the Wichita schools.