The same week Principal Bernadette Floyd axed a penguin Christmas play she deemed religious, 200 public high school students from three counties sang about Jesus in an honors choir in Fort Pierce — a dichotomy some say proves the St. Lucie County School District needs a countywide policy on religion in the schools.

"How can one principal say penguins and Santa are religious, and another principal says it's OK to sing Christian music?" said Windmill Point Elementary parent Mary Anne Bender, whose 10-year-old daughter, Kayla Vance, lost her lead role as Mrs. Claus when the after-school play was canceled. "Our children are being denied a well-rounded education because of one person's interpretation."

Motivated by a parent's complaint about a past Christmas pageant, Floyd canceled plans for A Penguin Christmas because of its title and use of such holiday characters as Santa and Rudolph.

In light of national media attention to the story, Deputy Superintendent Sandy Wolfe reminded principals last week to "please ensure that all student celebrations, activities and events are inclusive of the various cultures and beliefs held by our students, their families and our staff."

Although federal courts consistently have upheld public schools' right to celebrate secular aspects of holidays and educate students about religious aspects, St. Lucie County School Board Attorney Dan Harrell says confusion over what's acceptable is rampant — and not just among local educators.

"There's confusion in every court in the country about this," said Harrell, pointing to the case of an Alabama Supreme Court justice who was ousted after refusing to remove the Ten Commandments from a courthouse. "God bless principals who have to grapple with angry parents on both sides of the issue."

Some say religion necessary

Area choral directors say it would be impossible to teach the history of music or explore a variety of genres without including religious hymns, a position courts consistently have upheld as constitutional.

During a Sept. 30 concert at Indian River Community College, public and private high school students from St. Lucie, Martin and Indian River counties sang The Lord Is My Shepherd and Thou Visitest the Earth, along with a gospel slave song in which students sang, "I want to meet my Jesus, I'm going to live with God."

In a joint performance by both middle and high schoolers, students sang Hope For Resolution, which rejoices Christians' beliefs that Jesus was born to a virgin.

Civil-rights groups say such performances are acceptable as long as a variety of music is performed, and students who feel offended are given alternative assignments.

"The Supreme Court has said that education would be strange if you don't teach about different cultures and their religions," said Jeremy Leaming, spokesman for Americans United for Separation of Church and State. "Some teachers think the best thing is not to mention religion at all, but that is going overboard and leads to more divisiveness."

Interestingly, Leaming points out, the constitution's language never mentions a separation of church and state. Instead, the phrase comes from the writings of Thomas Jefferson, who interpreted the Constitution's clause about religious freedom — "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" — to mean that government should not promote or inhibit religious observances.

Conductor Jeffery Redding, who chose the music for high school choir members, insisted he's teaching music, not religion.

"Choral music started in the church, so I cannot shy away from education because of someone's religious beliefs," said Redding, who teaches music at West Orange High School in Orlando. "I could do a whole concert with cowboy music, but if somebody doesn't like cowboys, they would be offended."

Because of widespread confusion over acceptable religious practices in public schools, the U.S. Department of Education sent an easy-to-read pamphlet to every superintendent in the country in 1995, at the request of President Clinton, explaining what practices courts have found acceptable.

Public schools may teach about religion, the education department states, but may not try to influence students to accept religious beliefs. Schools may celebrate the secular aspects of holidays without fear of church-state violations, the agency said.

Despite Christmas' origin as a religious holiday, judges have ruled that such everyday symbols as Christmas trees and Santa figurines have morphed into more secular symbols, suitable for public property. Sacred icons such as manger scenes and menorahs are acceptable if they are combined with a smattering of nonreligious objects that dilute religious meaning, said federal judges, who also have said it's acceptable to sing Christmas carols in public schools.

Clearly, penguins are secular, Leaming said.

"What do penguins have to do with the gospel?" Leaming said. "I don't even think penguins could survive in Nazareth."

Although the education department, the National Education Association and National School Boards Association advised all school districts to adopt districtwide policies on the matter to eliminate the chance of misguided interpretations at individual schools, St. Lucie County School Board members have refused.

Many of them remain content with that decision, saying Principal Floyd was within her right to nix A Penguin Christmas from the Port St. Lucie school's after-school lineup, even if they disagree with the decision personally. Floyd did not return phone calls.

"You really want to treat each school as its own community," school board member John Carvelli said. "You hope the principal listens to all her parents, and doesn't base her decision-making on one or two people who are against an issue."

Board has mixed feelings

Board member Kathryn Hensley, who belongs to Americans United for Separation of Church and State, said Floyd and all other principals are taught about the laws surrounding religious issues before they are promoted. Although Hensley said she'd prefer to have students study cultures and religions from a variety of backgrounds, she's hesitant to suggest a districtwide policy.

"We're already guided by the law, so there's no reason for a policy," she said. "It sounds like (Windmill Point's) school improvement team needs to have a discussion with the principal, and from there they can go to the district advisory council."

School board member Carol Hilson said she's received e-mails from parents upset about Floyd's actions and is saddened by news that children there can't bring in Santa cupcakes or wrap canned goods for the needy in traditional wrapping paper because of fear it will violate church-state laws.

"It breaks my heart that these little children won't get to enjoy all the fun things we enjoyed in school as children," she said. "I remember when my kids were little, how important these things were to them. Maybe it's time we look at it as a county."

As for Mrs. Claus' mother, Bender said she's been approached by two legal-rights groups interested in arguing her case before the school board and possibly a circuit judge. The stay-at-home mom says she didn't set out to be a leader in the church-state debate, but she's willing to fight for her constitutional rights.

"Everybody agrees this is absurd, but nobody's willing to change it," Bender said. "Kayla's not going to be little for long, and that principal is taking way our memories and our pictures.

"She thinks I'm going to be quiet and go away, but she's wrong."