The District has reached an agreement in principle to settle the attorney fees claim for $1,775,000. The agreement must still be formalized, which requires it to be approved by the board of directors in an open public meeting. The agreement will be presented to the board on March 16.

The parties met and prepared a joint filing, which went to the court on October. That filing identifies areas of agreement between the parties and areas where there are still questions. The parties have proposed to the court that, on November 8, they each submit their specific proposed order to the court, along with an explanation of it. 

• The parties agree that the district will rehire Kennedy by March 15, 2023, and that Kennedy will be able to pray.
• The parties disagree about the appropriate wording for an order from the district court about the conduct of Kennedy’s prayers, and the court will have to decide that question. The parties will submit their proposals on November 8.
• Kennedy is entitled to request reasonable attorney fees, by submitting a fee application to the district court within 60 days after the case is otherwise resolved. The court will then decide what amount is reasonable.

We continue to work with our attorneys to facilitate Mr. Kennedy’s return as an assistant football coach at Bremerton High School, in compliance with the U.S. Supreme Court’s decision in Kennedy v. Bremerton School District. 

The Bremerton School District remains steadfast in its commitment to protecting the religious freedom of all Bremerton students, families and employees.

The District is not doing media interviews at this time. 

The District issued this statement in response to inaccurate information shared by Mr. Kennedy in media interviews September 19.

On August 8, the District sent Mr. Kennedy’s lawyers all the required onboarding documents for District coaches and other employees, and the District invited Mr. Kennedy to reach out to a designated District staff member for assistance if he needed it. We had assumed that he would do his part and be back on the field when practices started on August 17. To date, the District has not received any of the necessary paperwork.

Similarly, the District has already sent Mr. Kennedy’s lawyers a proposed closing order that would end his case in accordance with the Supreme Court’s ruling. Contrary to what Mr. Kennedy’s lawyers have said, a closing order isn’t necessary for Mr. Kennedy to be hired as a coach, but it is necessary to conclude the lawsuit. In the normal course of litigation, attorneys trade proposed orders back and forth until they reach an agreement. Mr. Kennedy’s lawyers have yet to respond to the District’s proposal.

Along with Mr. Kennedy’s onboarding paperwork (and a response on our proposed closing order), the District also awaits his lawyers’ formal request for attorney fees. Although his lawyers have requested millions of dollars from the District, they have not yet provided any documentation, much less what is legally required to support such a large sum.

Despite the District’s ongoing efforts to get Mr. Kennedy back on the field and resolve the case, his lawyers insist on a closed-door meeting. But the District is a public body; it can’t do backroom deals to compromise the rights of its students, families, and staff. Nor can it spend public money without knowing what it actually and reasonably owes. The school board must conduct its business where the public can see it. And if Mr. Kennedy’s lawyers want a court order, including for their attorney fees, they must go through the proper legal channels, as the District has repeatedly requested.

The District is eager to abide by the Supreme Court’s ruling and amicably resolve this matter, but it cannot do so until it hears back from Mr. Kennedy and his lawyers. Whatever Mr. Kennedy or his lawyers may be saying, so far they just aren’t taking any steps to resolve the case.

In compliance with the U.S. Supreme Court’s June 27 decision in Kennedy v. Bremerton School District, we have been working with our attorneys to facilitate Mr. Kennedy’s return as an assistant football coach at Bremerton High School.

While Mr. Kennedy could attend the game as a spectator on Friday night, he has not completed the District’s employee onboarding process and therefore cannot coach. We do not know if he will be at the game on Friday, or what his plans are for returning to Bremerton as an assistant coach.

On August 8, we started the employee onboarding process and Mr. Kennedy’s attorneys were sent all of the employment forms that all District coaches must complete before working with students. At that time, we also informed Mr. Kennedy (through his attorneys) that he could contact our Human Resources Department directly to request assistance he might need in filling out the forms and reporting for work. We anticipated that Mr. Kennedy would return the forms, complete the training required of all Bremerton School District coaches, and report to the head football coach in time for the first day of practice for the new season, which began on August 17.

To date, Mr. Kennedy has not returned the forms, has not contacted our HR department or anybody else at the District for assistance, and has not shown up for work. We have informed Mr. Kennedy, through his lawyers, that we are ready to hire him and have him fulfill the duties of an assistant Bremerton High School football coach as soon as he completes the steps and training required of all District coaching staff.

Meanwhile, the case is now back in the U.S. District Court for the Western District of Washington, where the judge will decide how to implement the Supreme Court’s decision and determine reasonable attorney fees.

The Bremerton School District remains steadfast in its commitment to protecting the religious freedom of all Bremerton students, families and employees.

In compliance with the Supreme Court’s decision, the Bremerton School District is working to facilitate Mr. Kennedy’s return as an assistant football coach. Meanwhile, the District is also working to update our procedures to ensure that we satisfy our obligations to protect the religious freedom of our students and their families as well as all District employees. The case is now back in the U.S. District Court for the Western District of Washington, where the judge will decide how to implement the Supreme Court’s decision and determine reasonable attorney fees.

• Please visit the Americans United website for additional information on the case.
• Read OSPI's 6/27 statement

Updated 8/15/2022

Q: Has the District “settled” with Coach Joe Kennedy?

The District has reached an agreement to settle the attorney fees claim for $1,775,000. The agreement was approved by the board of directors in an open public meeting on March 16.

Q: How will the District pay for the attorneys’ fees? Will fees be covered by insurance?

Attorneys fees will be paid in interest-free installments over three fiscal years. No single student service or program will be eliminated or solely bear the brunt of this expense. A school district’s budget must have built-in flexibility to account for unknown factors that can occur during the school year (such as enrollment, fuel costs, food costs, utility costs, unfunded mandates, etc.).  In alignment with the board and District’s fiscal responsibility, we will look for every available contingency and efficiency to minimize the impact on students.

The extent of insurance coverage is the subject of continuing discussions between the School District and its insurers.

Q:  Why didn’t the Bremerton School District “settle” with Coach Kennedy and avoid going to the Supreme Court?

A: The school district offered repeatedly to accommodate Mr. Kennedy’s desire to pray, as long as he was not delivering prayers to students or coercing students to join him. Mr. Kennedy’s lawyers refused to accept any resolution that didn’t include Mr. Kennedy praying in a way that involved students. The school district’s first priority had to be, and remains, protecting students’ religious freedom. 

There was no opportunity for the District to “settle” because we had to abide by the lower court rulings holding that Mr. Kennedy’s actions were a violation of the Establishment Clause. We could not ignore those rulings.

Q:  Will Coach Kennedy be coaching next year? When does he start?

Mr. Kennedy will be an assistant football coach for Bremerton High School for the 2023 season. 

Mr. Kennedy has completed human resources paperwork and (as of 3/17/23) we are awaiting the results of his fingerprinting and background check.  Mr. Kennedy will need to complete all training required by WIAA. 

Football coach contracts are approved annually by the Board at the first August Board meeting, and begin in mid-August. As with any other assistant coach, Mr. Kennedy will be included in coaching staff communication and meetings, spring football practice and other off-season football activities.

Q: Was Coach Kennedy "fired?"
A: It is a matter of court record that Mr. Kennedy was not fired and never reapplied for his job for the 2016 season.

This brief was filed by the Bremerton School District with the Supreme Court in March 2022; in particular, pages 20-23 of the pdf (pages 11-14 of the actual brief) detail the timeline in 2015-16 of Mr. Kennedy being placed on paid administrative leave, his contract expiring at the end of the season and that he never reapplied for a job as an assistant football coach.

Q: How much and when will Coach Kennedy be paid for coaching football?

A: Mr. Kennedy’s stipend as an assistant football coach will be $5,304. Coaching stipends are paid out over the length of the activity, unless they request a lump sum payment at the end of the season.

Q: Will Kennedy also have a teaching position with the district, or just a coaching job?

No. Mr. Kennedy is not a certificated teacher and has never worked in any other capacity for the District other than as an assistant football coach.

Q: How many assistant coaches are on staff at Bremerton High School?

In addition to Mr. Kennedy, the football coaching staff includes five returning assistant coaches and one new assistant coach, plus some volunteer coaches.

Q: Is Coach Kennedy going to be allowed to pray after football games?

A: The Supreme Court decision in Kennedy vs Bremerton School District affirmed the long-settled law that prohibits public school employees from doing anything that pressures or coerces students on religious matters.  The District has updated procedures to ensure that we satisfy our obligations to protect the religious freedom of all our students and their families as well as all District employees. 

5281P outlines procedures and guides the implementation of Policy 5281.  The intent of 5281P is: 

1) to support district employees by providing guidance on the rules pertaining to personal conduct while supervising students at district events, and 

2) to satisfy our obligation to protect the religious freedom of our students and their families and district employees.  

The Bremerton School District will fully comply with the court’s order to treat Mr. Kennedy’s personal religious conduct the same way the district treats all other personal conduct by coaches at football games. The District remains steadfast in its commitment to respecting the rights and religious freedom of students, families, and school staff.

The District is also responsible for keeping all school events safe for the students we serve. 4200P outlines the guidelines for limiting access to event performance space and athletic fields/courts before, during and after District-sponsored events and activities.