Two Republican lawmakers are trying to strengthen existing Ohio law by requiring — rather than simply allowing — school districts to create policies that allow students to take time off from school to go to religious education classes on their free time.
Recently introduced state Reps. Al Cutrona, R-Canfield, and Gary Click, R-Vickery House Bill 445 and there has been one hearing so far in the House of Representatives Committee on Elementary and Secondary Education.
“The correlation between religious education, schools and good government is enshrined in our constitution,” Click said in his written testimony. “You will note that HB 445 does not specify what religion, but merely recognizes the possibility of religious education. This opportunity is open to all faiths.”
May versus should
Ohio law currently allows school district boards of education to adopt policies allowing students to take religious education classes on an ad-hoc basis.
HB 445 would require school districts to create a policy and change the wording of existing law in the Ohio Revised Code from “may” to “shall.”
“While many schools have utilized the liberal language of the law, some school boards have been less supportive,” Click said. “Regardless of intent, the lack of sound policy on this issue results in a denial of the constitutional right of students and parents to freely exercise religion.”
Cutrona agreed with his co-sponsor.
“Words matter and they really matter,” he said. “So the difference between a little word like ‘may’ and ‘might’ can make all the difference in the world.”
Religious education in free time must meet three criteria, which, according to the project, will remain the same: classes must take place outside the school premises, be financed from private funds, and students must have their parents’ consent.
The U.S. Supreme Court upheld parole time laws in 1952 W. Clauson’s Zorach in a case that allowed a school district to release students from school for part of the day to attend religious education classes.
State Representative Sarah Fowler ArthurR-Ashtabula, asked why this law is needed if it is already in force.
“In my experience, if federal law requires it, school districts are generally very reluctant to violate federal law or federal practice,” she said during a recent committee hearing. “I just wonder why you want this change to also appear in state law when it is already required in practice.”
Click said he knows of nearly a dozen school districts that have denied it religious education programs such as LifeWise Academy, an Ohio-based religious education program that teaches the Bible.
“I believe that once we clarify this language, it will make a broader statement that this is not only constitutional and legal, but it is something that needs to be done in the state of Ohio to ensure parents and their children,” Click said.
Academy of Wise Life
Click mentioned LifeWise Academy in his testimony.
“(LifeWise founder) Joel Penton began organizing and creating an effective model to provide instructor training, a biblical, character-based curriculum, and a platform that is reliable and reputable for participating schools.” Click said. “…While this opportunity is not limited to LifeWise, they have formulated a model religious education waiver program.”
LifeWise was founded in 2018, launched in two Ohio school districts in 2019 and now serves nearly 30,000 students in more than 12 states. By next school year, the program will cover more than 170 Ohio school districts, representing more than a quarter of the state’s school districts.
The nondenominational organization LifeWise supports this bill.
“It gives parents the freedom to choose character-based religious instruction for their children during the school day, consistent with Supreme Court decisions,” Penton, founder of LifeWise, said in a statement.
However, LifeWise has met with resistance.
Freedom From Religion Foundation legal associate Sammi Lawrence wrote a letter to: over 600 school districts in Ohio insist they do not allow LifeWise taking place in their district.
“In LifeWise’s own words, the goal of LifeWise is clear: it seeks to indoctrinate and convert public school students to evangelical Christianity by persuading public school districts to partner with them in making Bible classes made available through LifeWise available to the public school community.” Lawrence he said.
Online petitions against LifeWise they also appeared before the program reached the school district.
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