Teacher’s Counseling Stirs Debate Investigation, Civil Rights Suit Follow Religious Counseling

A Nine Mile Falls teacher facing a civil rights lawsuit told state investigators she has given students religious counseling at school at least twice.

When Joanne Bovey’s principal, Larry Guenther, heard about the most recent counseling incident, in 1994, he reacted as he had before - he did not reprimand her.

“Thank you for being sensitive to students and their needs,” Guenther said in a memo to Bovey in February 1994. “Under most circumstances your response would have been acceptable … (but) parents should have been contacted and permission obtained to proceed.”

A state investigation into the reported counseling sessions at Nine Mile Falls Middle School in January and February 1994 found that both Guenther and Bovey acted inappropriately.

The incident sparked a lawsuit last month by Michael and Diane Moore, parents of one student Bovey counseled. The Moores say their daughter’s civil rights were violated by the counseling.

“The parents’ concern is with school employees imposing their version of religion on this child,” said Ken Isserlis, the Moores’ attorney.

According to investigators’ notes, Bovey counseled three seventh-grade girls who were troubled after playing with a homemade Ouija board. During the session, Bovey recited Bible verses about demons and witchcraft. She also prayed for the girls, saying “Oh, Jesus, rid…them of these demons.”

Bovey did not tell the girls’ parents about the counseling, which went on for nearly two weeks, the investigation found. One girl said Bovey told them not to talk to their parents about it.

The state office of the superintendent of public instruction concluded Bovey acted inappropriately because she is not a licensed counselor. The state office, however, decided not to discipline her.

If Bovey counsels students again, the state would consider suspending or revoking her teaching certificate, said Rick Wilson, of the state superintendent’s office.

Bovey was reprimanded by Superintendent Shirley Holloway, who has since left the district. “This is absolutely unacceptable!” Holloway wrote to Bovey after the 1994 incident.

Wilson said the state investigation only looked into violations of the state teaching code, which does not cover religious instruction. Such violations would have to be pursued in court in a civil rights suit, he said.

The investigation centered on Bovey, but also reviewed how Guenther responded to a complaint about the counseling.

Bovey and Guenther told investigators they did not feel they acted inappropriately, although Bovey apologized in writing to the Moores for not telling them about the counseling.

Bovey also told investigators she gave at least one other student similar religious counseling and received a positive response from parents. She did not elaborate.

Bovey has refused requests for an interview. The Moore family also would not comment on the suit.

But the lawsuit, filed in U.S. District Court, is spurring debate in the rural Nine Mile Falls community about the role of religion in public schools.

Several teachers and residents said school district policy is too restrictive about religion in the classroom. Several mentioned a lack of religious songs in Christmas concerts as a sore point.

“That’s been a concern since I started 28 years ago,” said Guenther, now principal of Lakeside High School. He declined to talk specifically about the Bovey case.

Doug Segur, head of the Nine Mile Falls union, also would not discuss the case. He said fear of lawsuits is censoring academic discussions of religion.

“There is a separation that is there (between church and state) that is wider than it needs to be,” said Segur, who added he spoke for himself and not the union.

“People can’t even talk about it. Christianity and Judaism are part of the culture. How can you have academic freedom” without discussing religion?

The Clinton administration issued new guidelines in July that allow religious expression by students. But the guidelines specifically prohibit teachers or administrators from “soliciting or encouraging religious activity, and from participating in such activity with students.”

Rob Boston, a spokesman for the Center for Americans United for Separation of Church and State, said many school districts misunderstand the rules. He said most administrators go overboard by prohibiting things like Christmas songs at holiday concerts.

“There is a good deal of confusion in the public schools about what is legal and what is not, but the body of law over the last 40 years is pretty clear,” said Boston. “If a teacher is talking about religion and history, that’s a fair line. Teachers should not be using their religious beliefs in the classroom.”

Greg Casey, a Spokane attorney who defends individual religious freedom, said the Moores had a right to be upset.

“Religious instruction is the role of the parent, not the government,” said Casey, who has not seen the lawsuit.

Others in the community side with Bovey. Bob Silver, a minister and 20-year resident, said Bovey’s actions were acceptable because the girls asked her for the advice.

“A teacher should have freedom to express views when asked,” said Silver. “There are possibilities for teachers to have beliefs in a fair and objective manner.”

, DataTimes