Religious Released-Time Programs: A Guidebook for Oregon School Administrators Published by Protect Oregon Children 2014 This document is for general information only. It should not be considered legal advice. For legal advice about released-time programs or your specific situation, please consult an attorney. 1 Table of Contents The Purpose of this Guidebook 3 Summary of Legal Guidelines 4 The First Amendment and Public Schools 5 The History of Released Time 7 U.S. Legal Decisions 9 Oregon Laws and Legal Decisions 12 Frequently Asked Questions 13 Addressing Parental Concerns: Specific Actions Administrators Can Take 17 About Protect Oregon Children 20 2 The Purpose of This Guidebook: Helping Schools Deal With a Complicated Issue Released-time programs allow public school students to be excused from class during the school day for religious instruction. These programs have been ruled legal by the U.S. Supreme Court. To be legal, released-time programs require parental permission, may not be held on school grounds or use public funds, and must follow a number of other regulations. Released time can be a complicated issue for schools to deal with. It touches on sensitive topics such as religion, quality of education, and parental rights. Because the rules are not widely known, administrators have inadvertently violated the law, putting their schools at risk. This guidebook is designed to help school officials understand the rights and responsibilities of all parties involved—schools, teachers, parents, children and released-time programs—and to maintain high academic performance while minimizing conflict within school communities and the risk of litigation. 3 Summary of Legal Guidelines The U.S. and State Supreme Courts and lower court rulings suggest some basic legal guidelines for released-time programs. Below is a list of guidelines extracted from these court decisions. 1. Released-time programs must not be created or implemented using state funds. (McCollum v. Board of Education; Zorach v. Clauson.) 2. Released-time programs cannot be held on school grounds. They may be held in separately owned buildings or trailers adjacent to the school. (Zorach v. Clauson) Buildings or trailers must avoid the appearance of school sanction (Doe v. Shenandoah) and trailers cannot be on school property. [HS v. Huntington County Community School Corp., 616 F.Supp.2d 863 (N.D. Ind. 2009)] 3. A Student may only be released from the school with written permission from the student’s parent or legal guardian. (Doe v. Shenandoah; Zorach v. Clauson.) 4. Recruiting students must be done by released-time personnel without assistance from the public school. Public school personnel may not register students in released-time programs or speak in favor of or against them. [Perry v. School District No. 81 (1959)] 5. Released-time programs’ daily attendance records must be maintained by program administrators and not by public school officials; however, released-time program administrators may make attendance records available for the public school to ensure that released students are attending. (Zorach v. Clauson; Lanner v. Wimmer.) 6. Records of attendance, grades, and other data from the released-time program may not be included in reports from the school to parents, except reporting a student’s repeated absences from program. (Lanner v. Wimmer) 7. Public school class schedules may not list released-time instruction as an option. (Lanner v. Wimmer) 9. Public schools may not encourage participation in released-time instruction or punish students for not participating. This includes giving extra work to unreleased students or stopping instruction for unreleased students. (See “Religious Expression in Public Schools: A Statement of Principles,” U.S. Department of Education, 1998, www.eric.ed.gov.) However, it is permissible for schools to take some action against students who are enrolled in released-time classes but do not attend. 10. Released-time program teachers may not be considered part of the public school faculty. They may not assume responsibilities at public school programs and events unless they are acting as parents or regular citizens and not as school officials. (Lanner v. Wimmer) 11. Even the appearance that any element of the released-time program is connected with the school may be grounds for striking down that element of the program. (Lanner v. Wimmer; Doe v. Shenandoah.) 4 The First Amendment and Public Schools “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” —The First Two Clauses of the First Amendment to the U.S. Constitution The First Amendment states that government will not interfere with people’s ability to worship as they please. Courts have interpreted the First Amendment to also mean that government will not assist religious groups with their activities or favor one religion over another, or religion over non-religion. Public schools belong to all citizens and must serve citizens of all, or no, religious beliefs. Under the First Amendment, they must remain neutral among religions and between religion and nonreligion. By contrast, religious institutions exist to propagate their religious faith and encourage religious practices. Public schools must be careful when they work with religious institutions because, in important ways, religious institutions and schools have differing commitments. Historically, religion in public schools has been a contentious issue. Lawsuits have been filed over matters including school-sponsored prayers, the Pledge of Allegiance, displaying or distributing religious material, religious references on signs at sporting events, religious apparel, religion in curriculum (particularly creationist versus evolutionary theory), and released-time religious instruction. The risk of litigation has grown as schools have become more diverse and society has become more litigious. 1. The Establishment Clause No “establishment” means that both state and federal governments are prohibited from establishing a particular religion or religion in general. Further, government is prohibited from advancing or supporting religion. Government must maintain what the Supreme Court has called “benevolent neutrality,” which permits religious exercise to exist but denies it government sponsorship. The Establishment Clause serves to prevent both religious control over government and governmental control over religion. Originally, the First Amendment applied only to the federal government. In 1947, the U.S. Supreme Court ruled in Everson v. Board of Education that the Establishment Clause also applied to the states. In the majority decision, Justice Hugo Black wrote: “The ‘establishment of religion’ clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion to another...in the words of Jefferson, the [First Amendment] clause against establishment of religion by law was intended to erect 'a wall of separation between church and State'...That wall must be kept high and impregnable. We could not approve the slightest breach.” 5 2. The Free Exercise Clause “Free exercise” is the freedom of every citizen to hold, practice, and change beliefs according to the dictates of his or her individual conscience. The Supreme Court has interpreted “free exercise” to mean that an individual may believe anything he or she wants, but there may be times when the state can limit practices that result from these beliefs. In Reynolds v. United States (1878), Chief Justice Waite wrote that, “Freedom of religion means freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order.” For example, practices that harm other people, such as human sacrifice or withholding medical treatment from children may be banned. 6 The History of Released Time In America, religion was originally taught in schools. However, with the increasing pluralism of American society and the mandate of the Constitution, schools felt it necessary to avoid sectarian instruction and to separate secular learning (provided by schools) from religious instruction (provided by parents or churches). This separation led to the development of secular public schools. The trend toward secularization in public schools caused concern for religious groups who wanted to see religious instruction continue in the school setting. Some religious groups have objected to the curriculum being taught in public schools, which they have called a doctrine of “secular humanism.” One solution for religious groups has been to establish private religious schools where they have had complete control over teachers and curriculum. However, establishing and maintaining a separate school system is expensive, and many parents have not been able to afford the cost of private religious education. Another solution has been the development of released-time programs. Released time was first discussed in the U.S. in 1905 at a teacher’s conference in New York City. The proposal was that public elementary schools be closed one day a week so that parents who so desired could have their children receive additional religious instruction. The first released-time program was established in 1912 at Granite High School in Salt Lake City by the Church of Jesus Christ of Latter-day Saints (Mormons). Students were released for one period each day to attend “seminary” in a building constructed by the ward across the street from the school. Another early released-time program was a religious instruction program for elementary school students established in 1914 by Dr. William Wirt, Superintendent of Schools in Gary, Indiana. He was concerned that children were not receiving enough religious and moral instruction in public school. His program consisted of local clergymen holding classes within the school for students wanting to attend. By 1922, released-time programs were active in 23 states, with approximately 40,000 students in 200 school districts enrolled. Released time reached its peak enrollment in 1947 with 2 million students enrolled in some 2,200 communities. During this period, legislation allowing releasedtime programs was adopted by 12 states. According to proponents, “Released time is the only means by which religious instruction intended to convert students or instruct them in a particular set of religious beliefs is allowed during the school day. All other religious instruction during the school day must be objective, intended only to inform students of different religious ideas and not to persuade them of the truth of any particular ideas.” [Ericson, Colby, Payne, and Crawford, “Religious Released Time Education: The Overlooked Open Door in Public Schools,” (Springfield, Virginia: The Christian Legal Society, 1996.)] 7 Others point out that there are plenty of other hours during the week for students to receive religious instruction. There is no reason to remove them from school, other than for a religion to assume some of the authority of the school and use the school for access to children. Today, although released-time programs are open to all religions, in practice most of them are either Mormon “seminary” or fundamentalist Christian devotional Bible instruction. Jewish released-time programs are also active in New York City. In Oregon, evangelical Christian released-time programs include PREP4Kids, currently active in approximately 30 Portland-area schools. (Good News Clubs, also currently active in Oregon, may not be considered released-time programs if they meet outside of regular school hours.) 8 U.S. Legal Decisions Only two U.S. Supreme Court cases have dealt with the constitutionality of religious releasedtime programs. As a result of these decisions, released-time programs are now considered legal, with certain restrictions. McCollum v. Board of Education (1948) In 1945, Vashti McCollum brought legal action against the Champaign, Illinois, public school district. McCollum stated that her eight-year-old son had been coerced and ostracized by school officials because his family had chosen not to participate in the district's in-school religious instruction program. The Champaign district's religious instruction was held during regular school hours in school classrooms and was taught by members of a local religious association, with the approval of school officials. Children not participating in the religious classes were sent to the library to study. McCollum’s suit argued that religious instruction held during regular school hours on public school property constituted an establishment of religion in violation of the U.S. Constitution, and violated the Equal Protection Clause of the Fourteenth Amendment. In 1948, the U.S. Supreme Court ruled eight to one in favor of McCollum, reversing decisions of lower courts. The High Court ruled the Champaign program unconstitutional since it used the state's compulsory education system and tax-supported school buildings to aid in the teaching of religious doctrine. Justice Hugo Black, writing for the court, claimed that the use of tax-supported property for religious instruction and the close cooperation between church and state officials constituted a violation of the Constitution. He wrote: “The First Amendment rests upon the premise that both religion and government can best work to achieve their lofty aims if each is left free from the other within its respective sphere.... Here not only are the state’s tax-supported public school buildings used for the dissemination of religious doctrines. The State also affords sectarian groups an invaluable aid in that it helps to provide pupils for their religious classes through use of the state’s compulsory public school machinery. This is not separation of Church and State.” Zorach v. Clauson (1952) In 1952, a case involving a released-time program in New York City was appealed to the U.S. Supreme Court. The case involved a state law that permitted a public school to release students during school hours with the written permission of their parents for religious instruction or devotional exercises. 9 Unlike in the earlier McCollum case, the program in the Zorach case was conducted off school grounds and no public money was used to finance it. Students not released stayed in the classrooms. The churches participating reported to the school the names of students who were released for religious instruction, but failed to attend. In a six-to-three ruling, the high court upheld the New York law. In writing the majority opinion, Justice William O. Douglas said the program: "…involves neither religious instruction in public schools nor the expenditure of public funds…. No one is forced to go to the religious classroom and no religious exercise or instruction is brought to the classrooms of the public schools. A student need not take religious instruction. He is left to his own desires as to the manner or time of his religious devotions, if any.... If in fact coercion were used, if it were established that any one or more teachers were using their office to persuade or force students to take the religious instruction, a wholly different case would be presented.” Characteristics of Released-Time Programs found valid in Zorach compared to McCollum The differences between released-time programs struck down in McCollum and upheld in Zorach show the characteristics of released-time programs that the U.S. Supreme Court found constitutionally acceptable: 1. No religious training in school buildings or on school property. 2. Instruction site designated by the religious organization in cooperation with parents. 3. No supervision or approval of religious teachers or curriculum by school officials. 4. No soliciting or recruiting pupils for religious instruction by school officials. 5. No registration cards furnished by the school or distributed by the school. 6. No expenditures of public funds. 7. Non-attending pupils stay in their regular classrooms continuing significant educational work. 8. No credit given for attendance at the religious classes. 9. No compulsion by school authorities with respect to attendance or truancy. 10. No promotion or publicizing of the released-time program by school officials. Lower Court Rulings (Clarifying Questions About Released-Time Programs) Perry v. School District No. 81 (1959) Washington State’s Supreme Court upheld a released-time program, but struck down the school district’s practice of allowing teachers to explain the program to students and hand out registration cards. Lanner v. Wimmer (1981) The 10th Circuit Court of Appeals upheld a ninth-to-twelfth-grade released-time seminary program in Logan, Utah, which had a high level of coordination with the high school officials. Coordination included listing the released-time program as a course option on school registration forms, a shared public address system to coordinate class schedules, and awarding credit for classes. 10 While upholding the program, the court nevertheless found that “the least entangling administrative alternatives must be elected when a released-time program is instituted” and that “certain aspects of this program violate the establishment clause” because they involved too much entanglement between the public school and the seminary. Concerns about “too much entanglement” included the public school’s keeping daily attendance of students attending seminary and allowing credit for Old and New Testament courses, because allowing credit required examination and monitoring of the religious course curriculum. Ford v. Manuel (1985) The Federal District Court of Ohio forbade released-time programs from meeting in classrooms rented from the school district—at a price of one dollar a year—and from meeting during hours that overlapped the public school day and thus allowed the program to benefit from state compulsory education laws. Doe v. Shenandoah County School Board (1990) The Federal District Court for the Western District of Virginia ordered a released-time program to stop recruiting students in public school classrooms, stop enrolling students whose parents had not given their consent, and stop holding classes in remodeled school buses parked next to the school, which gave the appearance of school sponsorship. 11 Oregon Laws and Legal Decisions Oregon Statutes In 1931, Oregon passed a law allowing released-time religious instruction (Oregon School Laws for 1931, Chapter 5, Section 1, 14:86). This provision allowed 120 minutes of released time per week and was generally applied to elementary school students. In 1977, Senate Bill 651, proposed by the Church of Jesus Christ of Latter-Day Saints and introduced by Senator Wallace Carson, was passed by the Oregon Legislature and signed into law by Governor Robert Straub. This law, Or. Rev. Stat. 339.420 of the Oregon Revised Statutes, specifically allows up to five hours of released time per week for high school students, while maintaining the limit of two hours per week for elementary and middle school students. Proper application by students’ parents was required. Oregon Attorney General Decisions 23 Op. Atty. Gen. (1946-48) 473 Released time for religious instruction upon parental consent is lawful. However, the teaching of religious instruction on public school premises or the use of public funds for such religious instruction violates the First Amendment. Oregon Case Law Dilger v. School District 352 P2d 564 (1960) The Supreme Court of Oregon upheld the validity and constitutionality of the Oregon Released Time Statute. The court ruled that although the statute states a child "may be excused," it is proper to construe the word "may" as meaning "shall" in order to carry out the intention of the Legislature (Dilger at 568). The court’s interpretation meant that the statute is mandatory—a child must be excused upon a proper application—taking this decision away from school administrators. However, the ruling clarified an important power for Oregon schools, saying that the statute is discretionary in permitting the school administrator to choose the day and time when the child will be released. 12 Frequently Asked Questions Are schools legally required to allow released-time programs? In Oregon, yes (although not necessarily in other states). The Oregon legislature enacted a statute in 1960 saying school districts may allow off-campus weekday religious programs. The Oregon Supreme Court interpreted the statute as meaning school districts shall (or must) allow released-time programs. Upon parental request, schools must allow elementary and middle school students up to two hours and high school students up to five hours of released time per week. [Dilger v. School District 24 CJ, 222 Or. 108; 352 P.2d 564 (Or. 1960)] Who determines the day and time of released-time programs? According to the Oregon Supreme Court, schools are allowed to set the day and time of released-time programs. (Dilger v. School District, 352 P.2d at 568.) Schools have an obligation to continue instruction for students that remain behind. Schools should choose a time and day that minimize the loss of instructional time for both students who are in and not in the program. Lunch hour is often the least disruptive time. Some released-time programs may be amenable to scheduling their programs after school hours. Is parental consent required? Yes, parents must fill out consent forms and deliver them to the school before students are allowed to leave school grounds for released time. Consent forms must be provided by released-time programs, but schools may require that certain information be included on the forms. Program administrators should choose the method for obtaining parental consent that will require the least amount of school involvement. [Lanner v. Wimmer, 662 F.2d 1349, 1358 (10th Cir. 1981)] May released-time classes take place on school grounds? No. The U.S. Supreme Court has ruled that released-time classes may not be held on public school grounds. (Compare Illinois ex rel. McCollum v. Board of Educ., 333 U.S. 203, 209 (1948) with Zorach v. Clauson, 343 U.S. 306, 308 (1952). In the former, religious teachers entered public school classrooms and thus the released-time program was declared unconstitutional; in the latter, the released-time program was held constitutional because, among other reasons, classes were not held on public school grounds.) Religious classes must occur off campus and must be wholly organized and run by the released-time program. The released-time program must arrange for facilities without any participation by the school. Schools may not rent their facilities for religious instruction during the school day. Are schools allowed, or required, to provide financial support for released-time programs? No. Schools are neither required nor allowed to spend any taxpayer funds on released-time programs. “No tax, in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion.” [Illinois ex rel. McCollum v. Board of Educ., 333 U.S. 203, 210 (1948)] The U.S. Supreme Court prohibits “government-financed or government-sponsored indoctrination 13 into the beliefs of a particular religious faith.” (Grand Rapids School District v. Ball, 473 U.S. at 385.) For example, schools may not print permission slips for released-time programs. Some incidental but necessary administrative costs, such as those incurred filing attendance reports, have been considered too insignificant to violate the general rule. [Holt v. Thompson, 66 Wis. 2d 659, 225 N.W.2d 678, 683 (Wis. 1975)] Can schools promote or discourage released-time programs? No. As secular, governmental institutions funded by all taxpayers, public schools are required by the First Amendment to remain neutral on religious issues. They may do nothing to support, and nothing to advocate against, religious released-time programs. They may not take any part in creating, promoting or facilitating released-time programs. Students who do not attend releasedtime programs cannot be penalized or stigmatized by schools in any way. Neither the school nor the state may take any action that would “coerce anyone to attend church, to observe a religious holiday, or to take religious instruction.” [Zorach v. Clauson, 343 U.S. 306, 313 (1952). 26 Id. at 314.] What may teachers and administrators say and do about released-time programs? In their words and actions, teachers and administrators may not encourage or discourage the participation of students or parents in released-time programs. Public school teachers and administrators may not comment on the released-time program or on the students who choose to attend or not to attend. [Zorach v. Clauson, 343 U.S. 306, 311 (1952).] Who is responsible for making up lost instruction? Students who attend released-time programs and their parents are responsible for making up lost instruction. This should be done with an eye toward minimizing the impact on teachers. Teachers should not have to repeat instruction for released-time students or field phone calls and emails from multiple parents asking for lesson plans. Students who do not attend releasedtime programs should not receive less instruction or less attention from their teacher because the teacher is helping released-time students make up for missed classes. How is student recruitment restricted? Public school teachers and religious-group representatives may not distribute consent cards or explain released-time programs in public school classes. Released-time personnel should not enter classrooms to recruit students and public school teachers should not take an active part in the recruitment effort, either by physical participation in the enrollment process or by verbally encouraging students. [Doe v. Shenandoah County School Board, 737 F. Supp. 913, 918 (W.D. Va. 1990)] Perry v. School District No. 81, 344 P.2d 1036, 1037-38 (Wash. 1959) ruled that neither public school instructors nor religious-group representatives may distribute permission cards in schools or make announcements or explanations in schools for the purpose of obtaining parents' consent because such actions violate the state constitution. In Op. Att'y Gen. State of Or. No.8204, April 26, 1989, the Oregon Attorney General ruled that the distribution of released-time brochures and permission slips in public schools violates the Oregon Constitution. 14 How is the distribution of consent forms restricted? Schools may not facilitate the distribution of consent forms in any way. Consent forms may not be distributed on school property, by school personnel, in school mailings, or in school information packets. They may not be posted on school bulletin boards. Registration for released-time programs should occur off school campuses and involve only the released-time program administrators and forms supplied by the released-time programs. May students distribute released-time literature on school grounds? Yes, generally students have a right to distribute religious literature on public school campuses subject to reasonable time, place and manner restrictions imposed by the school. This means that the school may specify at what times the distribution may occur (e.g., lunch hour or before or after classes begin), where it may occur (e.g., outside the school office) and how it may occur (e.g., from fixed locations as opposed to roving distribution). These restrictions should be reasonable and must apply evenly to all non-school student literature. (Tinker v. Des Moines School District) May adults or school staff distribute released-time literature on school grounds? No. Adults from outside the school have no right to distribute materials to students in a public school. Schools generally may not give religious groups (e.g., the Gideons) access to distribute their materials on campus. Even passive distribution of literature by outside groups is legally problematic. Who provides insurance? Released-time programs must provide insurance without any participation by schools. Schools may require liability insurance and other reasonable regulations relating to student health, education and safety, provided such regulations apply neutrally to all participating religious communities. Who provides transportation? According to the U.S. Supreme Court, public schools are prohibited from providing students with transportation to religious released-time activities. (Zorach v. Clauson, 343 U.S. at 308-9, 314.) The Court has explained that cooperating with religious released-time programs does not justify significant financial expenditures to assist those programs. Generally, religious organizations and parents must assume full responsibility for a student’s transportation to religious activities, and the school is not allowed to assist in any way. Who takes attendance? Public schools may require attendance reports from released-time administrators, since schools have a legitimate interest in knowing the whereabouts of students during school hours. [Zorach v. Clausen, 343 U.S. at 311 n.6; Lanner v. Wimmer, 662 F.2d 1349, 1358-59 (10th Cir. 1981); Holt v. Thompson, 66 Wis. 2d at 682.] Released-time programs should take attendance and provide schools a regular report. Schools should not be involved in taking attendance, and should choose the method of overseeing attendance that requires their least involvement. 15 May schools take action against students who sign up for released-time programs, but fail to attend? Yes, it is permissible for public schools to take some action against students who are enrolled in released-time education, but do not attend. Public schools may report repeated absences to a child’s parents, although they probably may not report more occasional absences. (Lanner v. Wimmer, 662 F.2d at 1355.) Also, public schools may deny permission to attend released-time classes to students who, in the past, have requested the privilege and deceived authorities. (Holt v. Thompson, 66 Wis.2d at 682.) May released-time programs be included in class schedules? No. Public school class schedules, catalogs, and registration forms may not contain any information about or schedules for released-time classes. May schools give academic credit for released-time programs? No. The court ruled that giving academic credit would require schools to oversee and approve the content of religious classes, and that would create too much entanglement. (Lanner v. Wimmer) However, schools may provide elective or eligibility credit. 16 Addressing Parental Concerns: Specific Actions School Administrators Can Take Parents, especially those whose children do not attend released-time programs, may have concerns about released-time programs. The way school administrators address parental concerns can have an impact on the school’s success in fulfilling its role in the community and its responsibilities to students. Parental concerns fall into three main categories: 1. Threats to Academic Excellence Parents whose children do not attend released-time programs may be concerned that their children will suffer academically: • Parents are often concerned that their children will lose hours of instruction because teachers stop presenting new material while some students are attending released-time classes. • Parents (and teachers) are often concerned that teachers’ time will be taken up helping released-time students make up for missed lessons instead of working on new lesson plans, teaching new material, and grading homework. Suggestions for Maintaining Academic Excellence • Use the school’s power to select the day and time for released-time programs to choose times that will minimize the loss of academic instruction hours. Scheduling released-time programs when few classes are being held, such as lunch hour, can help. Scheduling released-time programs on Friday will give students who miss class and their parents time over the weekend to catch up on missed lessons. Schools may request that released-time programs schedule their classes outside of school hours, although released-time programs are not required to comply. • Continue teaching new material during released-time programs. Make it clear to parents who choose to take their children out of class that they are responsible for helping their children make up for missed lessons. • Post missed lessons online. This will save teachers from having to give the missed lesson to each parent individually. Make it clear to parents that it is their responsibility to obtain the missed lesson from the internet and go over it with their child, 2. Religious Recruiting Parents whose children do not attend released-time programs may be concerned that their children will be recruited by a religious group whose doctrines they disagree with because: • The stated mission of evangelical Christian religious groups operating released-time programs is to convert as many students as possible. • Their policies include using children who attend released-time programs to recruit their friends and classmates. 17 Parents may also be concerned that their children may be lured into released-time programs by other students bringing back toys and treats from released-time classes, or pressured by being told on the playground that they will go to hell if they don’t attend released-time classes. Suggestions for Preventing or Limiting Recruiting • Make it clear to released-time program staff that proselytizing is not permitted on public school grounds. • Educate school staff and volunteers about policies that prevent them, when on the job, from speaking or acting in a manner that can be perceived as promoting or endorsing religious instruction or practice. • Prohibit released-time programs from using school or PTA-sponsored communication vehicles to promote their activities. • Don’t allow students to return from released-time programs with toys and treats. Toys and treats from released-time programs must be kept in backpacks while on school grounds. • Don’t allow students to hand out released-time program literature or permission slips to other children on school property, including school busses. • Enforce student anti-harassment policies that protect students from aggressive proselytizing or religious bullying by other students. • If problems arise, administrators should meet with affected parents and released-time program representatives, being firm and clear about the responsibilities of all parties. 3. Conflict in the School Community Parents whose children don’t attend released-time programs can be upset by the injection of sectarian doctrine and aggressive proselytizing into their public school. This can cause division and conflict in schools and among parents, as sides are taken. Ultimately, parents can withdraw support from the schools, donating less time and money. Suggestions for Dealing with Conflict The following three principles can guide a school administrator’s approach to minimizing and resolving conflict: 1. Rights: Religious liberty, or freedom of conscience, is a precious, fundamental right. Every effort should be made in public schools to protect the freedom of conscience of all students and parents, both believers and non-believers. 2. Responsibilities: Religious liberty is not only a universal right, but a universal responsibility to respect that right for others. Rights are best protected when each person and group protects for others the rights they wish protected for themselves. This is especially important with the increase of pluralism in our society. Religious leaders should remember that a public school is not a place for proselytizing or other overt religious activity. 3. Respect: Conflict and debate are part of democracy. However, not only what we debate, but how we debate, is critical. Administrators mediating debates should insist on respectful, noninflammatory dialog. 18 Specific actions administrators can take to avoid conflict include the following: • Be prepared. Understand the laws and regulations before you need to apply them. Consult with school attorneys if necessary. • Use the powers that you do have. Schools are allowed to select the day and time of the released-time program. Choose a day and time that will minimize the impact on the majority of students and teachers. • Be scrupulous about maintaining neutrality. Schools can do nothing to either promote or discourage released-time programs. Taking one side or the other will only serve to increase conflict. • Know and enforce the rules. Make sure that released-time programs are obeying all of the legal guidelines. Allowing them to cross the lines will increase conflict and the possibility of litigation. • Be very careful about the appearance of school endorsement of released-time programs. Young children are impressionable and may have a hard time distinguishing between the school and the released-time program. Allowing released-time program teachers to perform other school functions, for example, can blur the lines between the school and the released-time program. If necessary, make the difference between the school and the released-time program clear to students. • Be on the alert for proselytizing. • Meet with parents and representatives of the released-time program, if necessary. Be firm and clear about the rights and responsibilities of all parties. Work towards buy-in on your goals of maintaining high academic standards, maintaining a harmonious, conflictfree school, and respecting the rights and beliefs of everyone in our pluralistic society. 19 About Protect Oregon Children Protect Oregon Children is a grassroots coalition of concerned parents, grandparents and citizens. Our goal is to raise awareness about religious groups using public schools to recruit young children. www.protectoregonchildren.com facebook.com/protectoregonchildren protectoregonchildren@gmail.com Protect Oregon Children supports freedom of religion and freedom of speech. Protect Oregon Children is open to all people regardless of race, color, religion, age, sex, sexual orientation, marital status, or disability. 20