Zorach is a release time case; it is not an academic credit case. If
the distinction between academic credit (Allen) and release time
(Zorach) matters, and I think it does for reasons previously
expressed, then Spartanburg is free to offer release time selectively
for religious instruction (Zorach), but not to offer academic credit
for it unless the religious school's course is a permissible public
school subject of instruction (Allen), and, religious instruction, as
distinct from the history of religion, is not a permissible subject of
public school instruction.
Mike
Michael R. Masinter 3305 College Avenue
Professor of Law Fort Lauderdale, FL 33314
Nova Southeastern University 954.262.6151 (voice)
masin...@nova.edu 954.262.3835 (fax)
Quoting "Scarberry, Mark" <mark.scarbe...@pepperdine.edu>:
Setting aside the "Oh, sure," for whatever meaning it may have, the
same issues are raised by Zorach. If the school district may release
students for religious instruction as an accommodation, must it
also release students for Pilates (note the spelling and
capitalization) classes, pottery classes, etc.? If a student gets
release time for a religious class, or credit for a religious
class, then the student should also get release time, or credit,
for a philosophy or history of thought or atheism or secular
humanist class. I'm not sure how broadly the net must be cast as a
matter of constitutional law, but in each instance that question
must be addressed.
By the way, what makes an outside pottery class any less valuable
than an inside pottery class? I have a very ugly coffee mug that I
made in a public school 7th grade art class. I doubt that the inside
class did any more for my nonexistent artistic skills in
furtherance of the school district's "mission" than an outside
class would have.
Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty
Lederman
Sent: Saturday, June 30, 2012 9:26 AM
To: Law & Religion issues for Law Academics
Subject: Re: Providing public school credits for release-time
religious classes
Oh, sure. If a school counts "credits" for graduation purposes
based on "total hours spent in any school" -- such that it gives
credit for the student's outside courses in pottery, Pilades,
drivers' education, SAT test-taking, etc. -- then of course it
should not, and need not, discriminate against hours spent in
religious courses. But no school does any such thing. Instead, the
credits presumably must be for classes in service of the school
system's pedagogic mission.
On Sat, Jun 30, 2012 at 12:12 PM, Scarberry, Mark
<mark.scarbe...@pepperdine.edu<mailto:mark.scarbe...@pepperdine.edu>>
wrote:
I'm having trouble seeing just what the awarding of credit means
here and how it's problematic that a public school gives students
"credit" for time sitting in a different classroom. There is no
constitutional obligation on a public school to provide any
particular level or amount or quality of instruction. The "awarding"
of a high school diploma is not a conferring of a public right or
license or anything of the sort.
I believe that religious schools include religion classes in their
curriculum as part of the number of hours of instruction required
for graduation under their accrediting bodies' standards and
presumably under whatever Education Code may apply. If that practice
sufficiently meets societal needs, then I don't understand why (as
a matter of constitutional law) the public schools should have to
drag in students to sit for additional public school hours when the
students have a release time religious educational experience.
Consider this hypo: A public school district has relatively few
specified high school graduation requirements (only two years of
English, two years of math, etc.), but it does require that students
be in school from 8am to 3pm. The school district sets up a release
time program for religious instruction from 2-3pm. Must the school
district now require students who are in the release time program to
return to the public school and sit through a study hall period (or
other class) for an additional hour, so that they have seven hours
on the public school campus? If not, then the release time students
are in effect being given "credit" for their release time
educational experience.
Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law
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