I would be very receptive to an argument, under the
Free Speech Clause and the principle of equal access,
that dissenting parents should have the right to
demand that their children be released to take part in
any type of released time program, whether religious
or secular.
The solution to the problem of students left behind is
not to deny others their release from public custody.
The remedy should be to expand the program for all
parental choices, not to prohibit the program for
those currently enjoying it.
This is why I suggested that one solution may be to
allow any parent, upon request, to have his or her
child released into his or her custody for the one
hour per week that the program is in session.
Would this satisfy those of you who have problems with
release time programs? A supervised study hall, of
course, would always be available for students whose
parents opted against any type of released time.
And even in second grade, there is nothing wrong with
a chance to do homework, study vocabulary lists or
multiplication tables, or have time to engage in
personal reading. This is not jail; it is a time to
read or study or do homework in a quiet and safe
environment.
Rick Duncan
=====
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or
Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or
numbered." --The Prisoner
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