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 __________________________________ Do you Yahoo!? Read only the mail you want - Yahoo! Mail SpamGuard. http://promotions.yahoo.com/new_mail _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.