Steve
On Tuesday, November 23, 2004, at 02:19 PM, Mark Stern wrote:
If school officials have discretion which absences to excuse and which not(as it appears from the story that they do),then the federal free exercise clause would seem to require excusal absent compelling interest. Marc Stern
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Tuesday, November 23, 2004 12:20 PM To: [EMAIL PROTECTED] Subject: FW: Student reprimanded for religious absences
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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-- Prof. Steven D. Jamar vox: 202-806-8017 Howard University School of Law fax: 202-806-8567 2900 Van Ness Street NW mailto:[EMAIL PROTECTED] Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/
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