Susanna Peters wrote:
So what -- the acknowledged practice of the schools here is to never give tests (much less quizzes)on Thurdays b/c so many kids have religious school on Wednesday night till late. (FYI -- they also never give tests the first or last week of hunting season as so many kids are at deer camp.) This is standard and it is what the parents want. I am thinking that under strict scrutiny the school might have to give up some of the pop quizzes or allow an alternate assignment to make it up. Why not? Though I am not so sure about deer camp.
Paul Finkelman wrote:
eliminates the pop quiz in all her classes on Friday?
Susanna Peters wrote:
The M-F schedule is likely an artifact of Sabbatarian habits (and could be viewed as evidence of preference/accomodation for a majority sect). Anyway, if strict scrutiny applies, would people agree that the state seems to be on shaky ground? A student who for religious reasons had to miss school, for example, every friday (a whopping 36 days!), could argue that the state can accomplish its objective of providing a good education for her by simple cost free accomodations since she agrees (hypothetically) to do her school work early and is willing to take Friday tests on Thursday or Monday etc. I guess I am wondering if there is some reason strict scrutiny should not apply. The school is not a prison, and if Yoder does not apply, then what does? Would a state RFRA would come into play at all?
[EMAIL PROTECTED] wrote:
I am not altogether convinced that administrative convenience passes for truly neutral rules.
What is the source of the fiction that 180 days makes the appropriate length of school year.
Or that school must meet on only mondays through fridays.
Or that school during the fall-winter-spring (a farmlife artifact) is essential to any government purpose of significance.
Shake any of the premises for the traditionally scheduled public school calendar and you will find, I suspect, a devotion to tradition and history that is both slavish and not a hallmark of the history program of the schools.
Jim Henderson
Senior Counsel
ACLJ
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