Showing posts with label Released time program. Show all posts
Showing posts with label Released time program. Show all posts

Friday, March 22, 2024

New Indiana Law Strengthens Parents' Right to Have Children Attend Released-Time Religious Instruction

Last week, Indiana Governor Eric Holcomb signed House Bill 1137 (full text) which strengthens parents' rights to have their children attend up to two hours per week of released-time religious instruction. Previously Indiana law permitted, but did not require, a public school to honor parents' requests for their children to attend up to two hours per week of religious instruction provided by a church or other religious educational organization. As amended, the law now requires the principal to allow attendance at up to two hours of religious instruction when a parent has requested it. The law calls for the principal, the parent and the religious school to work cooperatively in finding the least disruptive time for the religious instruction. ADF issued a press release on the new legislation.

Tuesday, December 19, 2023

Church Buses Used in Released-Time Programs Not Subject to School Bus Regulations

In CBM Ministries of South Central Pennsylvania, Inc. v. Commonwealth of Pennsylvania, (PA Commonwlth.. Ct., Dec. 18, 2023), the Pennsylvania Commonwealth Court in a 5-2 decision held that privately owned vehicles used by a Bible ministry to transport children from public schools to off-site locations for religious instruction during the school day in released-time programs are not subject to state standards for school buses. CBM operates 87 released-time programs in 8 Pennsylvania counties. It contended that requiring it to comply with the heightened standards for school buses would burden its religious exercise in violation of the Pennsylvania Religious Freedom Protection Act (RFPA). The majority concluded:

While CBM does transport children to and from public schools for the released time program, DOT’s regulations, by their plain language, do not apply to vehicles that are neither owned by nor contracted with a school. In other words, the text of the enabling statute expressly limits the reach of DOT’s regulatory power in this area.

President Judge Jubelirer, joined by Judge Wojcik dissented, saying in part:

I fear the Majority’s overly narrow reading of the enabling statute thwarts the legislature’s intent, pursuant to its police power, to empower PennDOT to keep children safe when they are being transported to and from public school during the school day.

The dissenters rejected plaintiff's religious freedom argument saying that Vehicle Code provisions that protect the public from unsafe operation of motor vehicles are explicitly excluded from coverage under the RFPA, and that "for a given regulation to violate RFPA, it must 'substantially den[y an organization] a reasonable opportunity to engage in activities . . . fundamental to its religion.'"

Tuesday, September 19, 2017

State May Require Inspection of Release Time School Buses

In CBM Ministries of South Central Pennsylvania v. Richards, (MD PA, Sept. 19, 2107), a Pennsylvania federal district court held that to the extent state school bus inspection regulations apply to buses of a religious organization, the regulations do not violate the Free Exercise Clause.  They are a neutral and generally applicable regulation.  At issue were buses that are used to transport students from public schools to an off-premise release time Bible education program.

Friday, December 04, 2015

Christian Camp Gets Preliminary Injunction Allowing It To Use Its Buses For Released Time Program

According to Public Opinion News, a Pennsylvania federal district court on Wednesday issued a preliminary injunction permitting Joy El Ministries to go back to using its own buses for its public school Released Time Bible Program while its lawsuit challenging state regulatory contentions is pending. The lawsuit, originally filed in state court, was removed to federal court by the state because it raises federal Establishment Clause issues. (Herald Mail Media).  As previously reported, Pennsylvania State Police cited the Greencastle, Pennsylvania Christian camp for transporting students to and from school for its a once-a-week "released time" program in buses that do not  meet the standards for vehicles owned by the school district or under contract with it.  Among other things, the buses used by Camp Joy El do not have swinging stop signs attached to the side, are not marked as school buses and are not painted with the specifically required yellow paint. The camp claims its buses are not school buses and its program is not an extracurricular activity, so that it is not covered by the regulations.  The camp has been renting other buses since state police cited it for violations.

Thursday, October 29, 2015

Suit Questions Whether Released Time Church Buses Must Meet School Bus Standards

Public Opinion News reported yesterday on a suit filed in a Franklin County, Pennsylvania trial court challenging the contention by Pennsylvania State Police that yellow buses used by a Christian camp to transport students to and from school for a once-a-week "released time" program must meet the standards for vehicles owned or under contract with a school district.  Among other things, the buses used by Camp Joy El do not have swinging stop signs attached to the side, are not marked as school buses and are not painted with the specifically required yellow paint. A state trooper stopped one of the buses for inspection in a church parking lot, cited it for 9 violations and refused to allow students to board the bus to return to school. The suit asks for a preliminary injunction and a declaratory judgment permitting the Joy El to resume using its buses. Since the citation,it has been renting other buses at a cost of over $5000 per week.