Music Teacher Claims Pay Cut Result of Her Religious Objections
by Rebecca Grace
September 2, 2004
(AgapePress) - A music specialist employed by the Idaho Falls School District #91 is suing the district for refusing to accept graduate credits and cutting her pay after she voiced personal religious objections to teaching rap and rock music.Kay Bannister, who recently began her 36th year as an educator, teaches music to approximately 2,400 students in Idaho Falls each year. However, problems between Bannister and the district began to surface four years ago when she was transferred from junior high band director to elementary music specialist. As band director, she was allowed to choose the music she taught. As music specialist, most of the music is chosen for her, specifically in regards to the annual fifth-grade musical performed for thousands of Idaho Falls residents.
In the past, there were different means of selecting the musical program that may or may not have included input from the music specialists. More recently, the music specialists take turns researching and choosing a suitable program.
"Since there are three music specialists in the district, each one of us will get to choose the program once every three years in rotation," Bannister said. "While only one person chooses the musical to be performed, we often need two of the music specialists to conduct it for performance and all three of us to teach it to all of our assigned fifth-grade classes for the year."
During the 2001-2002 school year, as part of the selected school musical based on an American history curriculum, Bannister was instructed to teach "The Pledge of Allegiance" set to rap music and a Negro spiritual titled "Good News," set to a similar beat.
Because of her strong religious objections to this type of music, she voiced her concerns to the administration. As a result, "I was verbally reprimanded and told to teach this music. I refused as kindly as I knew how. I received an official letter commanding me to teach and conduct the music. I again refused quietly and kindly."
Within a month of her complaint and refusal, Bannister's credits from Bob Jones University, a non-denominational university lacking national accreditation, were called into question and soon deemed as unacceptable credits for furthering her advancement on the pay scale. The district also cut her pay at that time.
"The pay cut happened directly during their struggle to get me to teach music I objected to," Bannister said. "They had been paying me for every credit I had submitted to them from BJU since the day I was hired in August of 1997."
Although Bannister believes the pay cut to be a direct response to her religious objections, the school district told her that "the state only reimburses the districts when credits are from an accredited institution."
However, Bannister said the superintendent acknowledged that there was not a published document informing employees that credits for pay increases must come from an accredited university.
Despite the acknowledgment, the school district made only a compromise to reinstall her previous pay while still refusing to accept the credits. An attempt at mediation is forthcoming before proceeding to court.
"I will need a total of 24 new credits before I can receive the next pay increase. In effect, they have frozen my pay for years to come. It took seven years and thousands of dollars to gain the 36 credits and [master's] degree I received from BJU. This has a significant effect on my retirement pay.
"My stand is small, but I will be heard," Bannister said.
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Rebecca Grace, a regular contributor to AgapePress, is a staff writer for AFA Journal, a monthly publication of the American Family Association. This article appeared in the September 2004 issue.