JEFFERSON TWP — Even though a parent claimed Wednesday at the Knoch School Board meeting that the prayer said by a board member at the beginning of each district board meeting is illegal, the board president vowed the longtime practice will not be eliminated from the agenda.

Tim Danehy, a parent and former school board candidate in the district, used the public comment session to tell the board that the invocation at each meeting violates the establishments clause in the First Amendment to the U.S. Constitution, and therefore is illegal.

“And it is the same constitution that all nine school board members took an oath to uphold,” Danehy said. “So I’m concerned that if this goes on, you’re not only continuing to break the law, you’re breaking your oath as well.”

Danehy said not many people would have the courage to make such a statement to the school board, especially students who might be uncomfortable with the prayer.

He also claimed that Tom Breth, Knoch solicitor, either is unaware that praying during a school board meeting is illegal or chooses not to inform the board members.

When asked if an invocation at a school board meeting is in violation of the Constitution, Breth said he has not been asked by the school board to give an opinion on the matter.

“If asked by the board to give a legal opinion, I will be happy to prepare a legal opinion and give it to them,” Breth said.

Breth said the matter is not as cut-and-dried as many people think, as new case law is handed down regularly from the U.S. Supreme Court.

He cited a Supreme Court ruling from three to four years ago in which the court found no violation in a varsity coach praying with his players.

“The reality of the situation is the court changes,” Breth said. “You can’t give a definitive answer one way or the other because there isn’t an answer one way or the other.”

Breth said he has not heard any other complaints about the board’s meeting invocation.

A statement from the Pennsylvania School Boards Association seemed to agree with Breth, saying there is no black-and-white answer regarding whether or not prayer is permitted at school board meetings.

“Due to the legal considerations involved, school boards considering conducting a prayer at the beginning of board meetings need to be cautious as to whether or not their actions violate the state and U.S. constitutions,” the statement read. “In this instance, we would advise that school boards work with their district’s solicitor to consider the applicable court cases and determine what is best for their school community.”

An online check of school board agendas from November in school districts across the county shows that most hold a moment of silence, while Mars Area and Freeport Area list neither an invocation nor a moment of silence.

Only Knoch lists an invocation on the school board agenda.

Donna Eakin, Knoch board president, normally asks one of the eight other school board members to say the invocation after the call to order and before the Pledge of Allegiance.

On Wednesday, she asked board member Justin Kovach for the invocation.

With all board members standing and bowing their heads, Kovach prayed for 16 seconds.

“Heavenly father, we thank you for today,” Kovach said. “We pray for your blessing over our time together.”

He asked for God’s wisdom and spirit as the board members made decisions for the students, faculty and staff.

“Thank you for your Son, and above all, thank you for our time together,” Kovach said.

The board is not required to, nor did it respond to, Danehy’s comments, but Eakin said after the meeting that the board meeting invocation has been ongoing since the school district started.

“We do not feel we are doing anything illegal, and we will continue with the invocation at board meetings,” Eakin said.

She said she could not answer a question on whether Breth had advised them on the invocation in the past because such conversations, if they took place, were held in executive session.

“I’m sure if we felt we were doing something illegal, we would not be doing it,” Eakin said.

Danehy ended his comments to the board by recommending they read Matthew 6:5, which reads, “When you pray, do not be like the hypocrites, who love to stand and pray in the synagogues and on street corners so that others may see them.”