How about this as a first draft of a time release
program that would minimize reasonable concerns:
1. The Program would designate one-hour per week, say
Tuesdays from 11-Noon, when parents could request
their children be released from school to attend any
Program of the parent's choosing conducted by any
non-profit organization, whether secular or religious.
Boy Scouts, 4-H, Girl Scouts, Cub Scouts, Christian
programs, Jewish Programs, Secular Humanist Programs,
Wicca Programs, Atheist Programs, all faiths,
ideologies and perspectives would qualify.
2. The school would stay open, of course, for children
whose parents do not choose a release activity. During
this period the school would conduct a well-supervised
study hall in which students would be instructed to do
their homework or study their lessons. Students
without homework or lessons to study would be
instructed to read a book of their choice (I think the
public schools call this a "free reading period" and
it is common for schools to do this during class time
in order to encourage students to read books of the
students' own choosing). This period would also be a
good one to use for optional "school assembly"
programs in which speakers are invited to address
those who choose to attend.
3. If any parent so requests, his or her child would
be released into his or her custody for the release
period. No child would be required to remain on campus
against the wishes of his or her parent.
I really don't see how anyone can object to this kind
of program. It is clearly constitutional and seems to
be more than a reasonable attempt to balance the needs
of different families in a pluralistic society.
Indeed, after Good News, there does not even seem to
be any problem with inviting these groups to come on
campus to conduct their programs. The release period
could be designated an "extracurricular forum for
community youth groups" and parents could choose
which, if any, program for their children to attend.
No need to force children out into the cold and snow
when there is plenty of room in the school building. No?
=====
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
Red State Lawblog: www.redstatelaw.blogspot.com
"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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