Re: FW: Student reprimanded for religious absences

[Paul Finkelman]

Factual question:  Is travelling out of state necessary for the 
religious observance?  That is, could he have attended religious 
services and remained in state, and thus not missed so much school?  Did 
the days missed include all the religous holiday, or were there are also 
 travel days or days in between.  I am thinking of some religious Jews 
who take off school for two days at the beginning of Passover and two 
and the end, but attend school in middle. If such a famlily went out of 
town for all 8 days, and left a day early, and returned on the 9th day, 
the child might miss 7 or 8 days of school, even though the religious 
needs only required 4 days. Seems to me, that even if there is a 
religious exemption, it cannot include travel out of state for family 
convenience or simply the desire to be with family.

Paul Finkelman
Volokh, Eugene wrote:
        Any thoughts on this issue?  The Indiana Free Exercise Clause
has been interpreted to require strict scrutiny, City Chapel Evangelical
Free Inc. v. City of South Bend, 744 N.E.2d 443 (Ind. 2001), though I
know of no cases that have dealt with the government's role as K-12
educator.
        Eugene
http://www.thetimesonline.com/articles/2004/11/21/news/lake_county/2e51b
ae417129d4486256f52007f530f.txt
The parent of a sixth-grade Lowell Middle School student says the
Tri-Creek School Corp. has threatened to expel her child for religious
beliefs.
Ruth Scheidt said middle school officials forced her 12-year-old son to
sign a letter last month stating he understood if he missed another day
of school for any reason before the end of the semester in January, he
could be expelled. The family had just returned from an out-of-state,
eight-day religious observance called the Feast of Tabernacles,
celebrated by the United Church of God. . . .
Under Indiana law there is no ruling as to whether children are to be
excused for religious purposes, Neal said. The Indiana Department of
Education holds firmly that it is not a reason to excuse students under
Indiana law. . . .
Students are allowed five days of excused absences per semester, Neal
said.
Excused absences include illness with a doctor's note, a death in the
immediate family, quarantine or court appearance.
"Occasionally there may be an emergency in a family," Neal said. "The
principal may excuse a day to do that."       

After more than five absences, students must sign a letter acknowledging
they understand they could be expelled. Some states provide a list of
approved absences that are religious-based, but Indiana does not, Neal
said. . . .
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--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499
918-631-3706 (office)
918-631-2194 (fax)
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