Federal guidance triggers religious policy review across Arizona

By Stacy Mantle
Mail

Arizona Superintendent of Public Instruction Tom Horne announced that newly released federal guidance on constitutionally protected prayer and religious expression will shape how Arizona public schools evaluate policies and report compliance tied to federal funding.

“Numerous (diversity, equity and inclusion) 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 said in a Feb. 2026 statement announcing the new federal guidance on constitutionally protected prayer and religious expression in public schools.

The Feb. 5 guidance from the U.S. Department of Education outlines current legal standards governing prayer and religious expression in public schools and replaces prior guidance issued in 2023.

Horne said the guidance reinforces protections for students whose religious beliefs may conflict with certain instructional or cultural practices.

“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,” Horne said.

Federal funding tied to annual certification

The guidance requires local education agencies to certify annually they have no policies preventing participation in constitutionally protected prayer as a condition of receiving federal funds. Districts must submit certification to their state education agency by Oct. 1 each year, and state agencies must report noncompliance or complaints to the federal government by Nov. 1.

Federal officials may pursue enforcement actions, including withholding funds, if districts fail to certify or are found out of compliance.

Horne said Arizona will incorporate the new requirement into its existing school reporting and accountability systems.

“My department already requires schools to answer questions pertaining to critical race theory, DEI and other matters,” Horne said. “We will add this question to our list and report answers not only on our website, but also, as required, to the federal government.”

He added schools providing unsatisfactory responses could risk federal education dollars.

“All Arizona districts and charters are on notice to take this matter seriously,” Horne said in the statement on federal compliance expectations. 

Districts must certify annually that no policies prevent constitutionally protected prayer, and states must report complaints or noncompliance to the federal government. Public schools may not sponsor or compel religious activity and must protect students from coercion or harassment.

The rule means districts that receive federal funding must review their policies and confirm every year that they are not preventing students or staff from engaging in voluntary prayer or religious expression protected under federal law,  according to the Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools memo dated Feb 5, 2026.

When asked for documented cases or formal findings involving schools urging students to change gender or violating religious beliefs, the Arizona Department of Education said it could not provide records from ongoing investigations but shared prior public statements and press releases outlining concerns raised by Horne.

The materials provided consisted of agency press releases, policy statements and prior enforcement announcements rather than case files, rulings or completed investigative reports.

Districts and legal leaders signal caution

District leaders say the guidance will likely require careful policy and legal review at the local level.

“Any time federal guidance shifts, districts have to work with counsel and review policies carefully to make sure we’re protecting students and staying within the law,” Tolleson Union Superintendent Jeremy Calles said in prior comments on federal compliance requirements.

Arizona school attorneys say compliance reviews are standard practice when legal or funding requirements change.

“Painstaking review and analysis of state and federal laws is required for school districts to remain in compliance,” attorneys representing the Arizona School Boards Association wrote in a legal filing outlining the role of education counsel in advising districts on policy and regulatory requirements.

The same filing notes that districts typically rely on legal experts to interpret evolving mandates.

Compliance work tied to education law and policy is “almost universally performed by policy analysts and education attorneys,” the Arizona School Boards Association’s legal counsel wrote in court documents describing how districts respond to new legal and regulatory requirements.

Education funding disputes in Arizona have also underscored how legal interpretation and policy decisions intersect when state or federal requirements affect school systems.

“The state is failing to adequately fund our public schools. This is unconstitutional,” said education attorney Danny Adelman, executive director of the Arizona Center for Law in the Public Interest, in a public statement following a major school-funding court ruling.

Attorneys involved in religious expression cases in Arizona say school systems must balance student rights with legal protections when interpreting federal and constitutional requirements, and Arizona’s attorney general has  warned that disputes over federal education funding requirements can have significant legal and policy consequences for schools.

Federal actions freezing education funds were “jeopardizing key programs” for Arizona students, Attorney General Kris Mayes said in a statement announcing legal action challenging the funding decision.

What the guidance says about religion and schools

The federal document affirms students and staff retain First Amendment rights to individual religious expression, including prayer, provided participation is voluntary and not presented as official school speech.

Schools may not suppress protected religious expression but also may not compel students or staff to participate in religious activity.

The guidance references multiple Supreme Court decisions, including Kennedy v. Bremerton School District and the 2025 Mahmoud v. Taylor ruling, which addressed parental religious objections to certain curriculum requirements.

Federal officials emphasize that public schools must maintain neutrality toward religion while accommodating protected expression and avoiding coercion.

Arizona districts and charter schools are expected to review policies and reporting procedures ahead of the first required federal reporting cycle this fall.

The federal guidance directs state and local education agencies to establish certification, complaint and enforcement processes tied to constitutionally protected religious expression, a requirement expected to prompt districts to review local policies and legal compliance procedures.

School districts and state education agencies across the country are reviewing the new federal guidance with legal counsel to determine how certification and compliance requirements tied to federal funding should be implemented locally.

The Arizona Education Association declined to comment and Sen. Jake Hoffman did not respond to a request for comment by deadline. 

Editor’s note: A grant from the Arizona Local News Foundation made this story possible. The foundation awarded 15 newsrooms to pay for solutions-focused education reporters for two years. Please submit comments at yourvalley.net/letters or email them to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.

Stacy Mantle
Education Solutions Reporter

smantle@iniusa.org

Meet Stacy
Stacy Mantle is joining the team at Independent Newsmedia, Inc. as an Education Solutions journalist, thanks to a grant from the Arizona Community Collaborative. She has a long history in education that ranges from teaching junior high and middle school to developing curriculum and standards-based assessments.

Community: A longtime advocate for animal welfare, Stacy is deeply involved in rescue efforts and volunteers with several nonprofit organizations.

Random Fact: Once upon a time, she shared her home with a pet coyote and two wolf hybrids. The experiences were wild enough to become the subject of her first book!

Education: She holds a BA in English with a minor in Political Science, a Post-baccalaureate in Secondary Education, and an MBA with a emphasis on Marketing.

Hobbies: In her spare time, Stacy writes fast-paced urban fantasy novels, crafts small-batch artisan soap, and is always up for hiking or off-roading through the Arizona wilderness with her husband of 23 years.