That is too high a level of generality, cf. Yoder, especially since it is doubtful that an 8 day absence will defeat or even seriously impair the state's interest. Marc Stern-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Tuesday, November 23, 2004 2:41 PM To: Law & Religion issues for Law Academics Subject: Re: Student reprimanded for religious absences
I am unaware that the United Church of God requires out-of-state attendance. Does that matter? Does it matter whether it is a requirement as opposed to an elective thing? It seems to me that the state has a compelling state interest in educating its citizens and that that is what we look at, not at some compelling interest to change the rules on attendance for an elective activity. 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. . . . > > _______________________________________________ > To post, send message to [EMAIL PROTECTED] > 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. > > > > > _______________________________________________ > To post, send message to [EMAIL PROTECTED] > 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. > > -- 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/ "Politics hates a vacuum. If it isn't filled with hope, someone will fill it with fear." Naomi Klein _______________________________________________ To post, send message to [EMAIL PROTECTED] 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. _______________________________________________ To post, send message to [EMAIL PROTECTED] 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.
