Lawsuit Filed in Indiana re: religious education program at elementary school. Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas

Violation of constitutional rights

Lawsuit Filed in Indiana re: religious education program at elementary school.

21 November 2008 at 2:57:56 PM

From Journal-Gazette

According to court documents, on Sept. 11, J.S. was taken from his classroom to the religious release time trailer and given a pamphlet about the program to take home to get parental consent before the program began Sept. 18.

H.S. did not give her child permission to participate in the program, and he and three other students were left behind in a hallway while a teacher walked the other students to the trailer, according to court documents. The four students not participating returned to their classroom when the teacher returned.

The church trailer sits in the school’s parking lot and uses the elementary school’s electricity. The students are escorted to the program by their teachers each week, and those who do not participate receive no school programming during the time the “By the Book” program meets, according to court documents.

The suit alleges that the school district violated the Establishment Clause of the First Amendment to the U.S. Constitution by allowing religious instruction to occur on school property during instructional time, allowing the use of school utilities by a religious organization conducting religious instruction and by supervising and promoting the “By the Book” program.

Update on answer-Huntington, Indiana.

The boy, identified only as ``J.S.,'' attends Horace Mann Elementary School, which offers third- and fourth-grade students a ``release time'' program for ``By the Book Weekday Religious Instruction'' through the Associated Churches of Huntington, the suit states.
The Huntington County Community School Corp. argued in its Dec. 22 response to the lawsuit that the release time program neither advances nor inhibits religion.
``The Defendant's release time program does not foster an excessive entanglement with religion,'' the response stated.
Similar programs at elementary schools have been protected by a 1952 U.S. Supreme Courtruling that allowed students to receive religious education during school hours but not on school property.

Yup, there's the rub. That program was being held, during school hours, ON school property

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