First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Ind. mom challenges school's released-time program

By The Associated Press
11.19.08

HUNTINGTON, Ind. — A parent is suing the Huntington County Community School Corp. in federal court, saying religious classes held on school property violate the establishment clause of the Constitution.

A complaint filed by attorneys with the American Civil Liberties Union in Indiana on behalf of an unnamed woman and her 8-year-old son asks a federal judge to shut down the program and bar the school district from providing it with utilities or any other support.

The boy, identified only as “J.S.,” attends Horace Mann Elementary School, which offers third- and fourth-grade students a “released-time” program for “By the Book Weekday Religious Instruction” through the Associated Churches of Huntington, the complaint filed Nov. 12 states.

Similar programs at elementary schools have been protected by the 1952 U.S. Supreme Court ruling Zorach v. Clauson, which allowed students to receive religious education during school hours but not on school property.

Huntington’s program is voluntary. Classes meet once a week in mobile trailers near school buildings, and children who don’t participate remain in their classrooms with school staff, according to a brochure for the program filed with the lawsuit.

On Sept. 11, one week before the program began, J.S. was taken from his classroom to one of the temporary classrooms and given a pamphlet regarding parental consent. His mother, identified only as “H.S.,” did not give consent.

The church trailer sits in the school’s parking lot and uses the school’s electricity. The students are escorted to the program by their teachers each week, and those who do not participate receive no school programming during the released time.

The suit alleges the school district violated the establishment clause of the First Amendment by allowing religious instruction to occur on school property during instructional time, by allowing the use of school utilities by a religious organization conducting religious instruction, and by supervising and promoting the “By the Book” program.

Superintendent Tracey Shafer said he had not yet seen a copy of the lawsuit and declined to comment.


Related

Virginia district allows Bible classes to continue

Staunton School Board votes 5-1 to conduct review of released-time program to determine if needs of both students going to classes and those who opt out are being met. 02.16.05

Ind. woman sues over school's on-campus Bible class

Parent alleges that practice of allowing some students to attend Bible classes while others stay behind without instructional time is unconstitutional. 10.19.06

Letting kids leave class for church fuels debate
By Charles C. Haynes Releasing students during the school day for religious instruction off-campus is nothing new. The practice — often called "released-time" — was declared constitutional by the U.S. Supreme Court almost 50 years ago. 06.20.99

Released time

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, April 23, 2010 | 15:43:42
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links