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Analysis of ECS Policies and Practices

The ECS School District policy handbook has already has an established Policy 5223, which pertains to the during school time release of students for religious instruction:

5223 - RELEASED TIME FOR RELIGIOUS INSTRUCTION

The Board of Education desires to cooperate with those parents who wish to provide for religious instruction for their children but also recognizes its responsibility to enforce the attendance requirements of the State.

Students may be provided "released time" from school to attend a course in religious instruction conducted by a private entity off District property, provided that the following requirements are met, such students will not be considered absent when the:

A. student’s parent or guardian gives consent in writing;

B. sponsoring entity maintains attendance records and makes them available to the District;

C. sponsoring entity provides and assumes liability for the student; and

D. student assumes responsibility for any missed school work.

Transportation of students to and from Released Time instruction is the complete responsibility of the sponsoring entity, the parent, guardian, and/or student. The Board of Education, its members, and employees are immune from liability for any injuries arising from transportation to and from Released Time instruction. Further, no Board funds will be expended for, and no District personnel shall be involved in the provision of religious instruction.

Students shall not be excused from a core curriculum subject course to attend Released Time instruction.

The Board may give up to 2 units of high school credit for an approved Released Time religious instruction course. The Board will evaluate the course based on secular criteria including, but not limited to:

A. the number of hours of instructional time;

B. a review of the course syllabus that reflects course requirements and materials used;

C. the assessment methods used in the course; and

D. the instructor’s qualifications, which shall be similar to the qualification of other teachers in the District.

The decision as to whether to provide credit for a specific Released Time religious instruction course will be neutral as to religious content and will not involve any test for religious content or denominational affiliation.

Staff members shall not promote or discourage participation in release time programs for any religious instructional program. Nothing herein shall constitute an endorsement of religion or infringe upon an individual’s First Amendment rights.

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Policy Overview

Policy 5223 outlines the conditions under which students in the ECS district may be released from school to attend religious instruction provided by a private entity off district property. Key points of the policy include:

Parental Consent:

Written consent from the parent or guardian is required.

Attendance Records:

The sponsoring entity must maintain and provide attendance records to the district.

Liability:

The sponsoring entity assumes liability for the student during released time.

Responsibility for Missed Work:

The student must take responsibility for any missed schoolwork.

Transportation:

Transportation to and from the religious instruction is the responsibility of the sponsoring entity, parent, guardian, or student.

Liability Immunity:

The Board and its employees are immune from liability for injuries arising from transportation to and from the instruction.

No Board Funds or Personnel:

No board funds will be used, and no district personnel will be involved in the provision of religious instruction.

Core Curriculum:

Students shall not be excused from core curriculum subjects to attend religious instruction.

High School Credit:

Up to 2 units of high school credit may be given for approved released time religious instruction courses, evaluated based on secular criteria.

Neutrality:

The decision to provide credit will be neutral regarding religious content, and staff members shall not promote or discourage participation.

Analysis of Inconsistencies

1. Parental Consent and Written Consent:

Policy Requirement:

The policy requires written parental consent for students to participate in released time for religious instruction.

LifeWise Academy Compliance:

LifeWise Academy would require and obtain written parental consent for all participating students.

Inconsistency:

ECS’s rejection of the LifeWise Academy, which adheres to the parental consent requirement, contradicts the policy that explicitly allows for such consent-based participation in religious instruction.

2. Attendance Records and Liability:

Policy Requirement:

The sponsoring entity must maintain attendance records and assume liability for students during released time.

LifeWise Academy Compliance:

LifeWise Academy is prepared to maintain accurate attendance records and assume full liability for participating students.

Inconsistency:

Despite LifeWise Academy’s willingness to meet these requirements, ECS’s prohibition of the program is inconsistent with its own policy, which allows for participation under these conditions.

3. Transportation and Liability Immunity:

Policy Requirement:

Transportation responsibility lies with the sponsoring entity, parents, guardians, or students, and the Board is immune from liability.

LifeWise Academy Compliance:

LifeWise Academy would arrange transportation for students, ensuring that ECS incurs no liability.

Inconsistency:

ECS’s rejection of the LifeWise Academy, which complies with the transportation and liability immunity provisions, is inconsistent with the policy that permits such arrangements.

4. Non-Interference with Core Curriculum:

Policy Requirement:

Students shall not be excused from core curriculum subjects for released time instruction.

Potential Constitutional Violation:

The policy's blanket prohibition on excusing students from core curriculum subjects for religious instruction does not account for the constitutional requirement to accommodate religious practices where possible.

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Sign the Petition

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Eaton Community School Board Must Uphold the 1st Amendment - Online petition In recent months, the Eaton Community School District (ECSD) has found itself at the center of a significant controversy involving the infringement of First Amendment rights, particularly those pertaining to religious freedom under both the establishment and free exercise clauses. The actions taken by the school district have not only caused emotional distress but have also infringed upon the fundamental rights of parents to direct the religious upbringing of their children. This situation has p www.openpetition.org⁠

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