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Lawsuit Filed Against Spartanburg District 7 for Religious Elective Course That Offers Credit

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Should public high school students receive credit for religious classes taken off-campus? A lawsuit filed against Spartanburg School District 7 says it's unconstitutional.

District 7 parent Bob Moss says he has no problem with students taking advantage of a 1954 Supreme Court ruling which allows students to attend religious education classes. It’s the fact that they are receiving credit for it. Moss says, "The whole family got together and we realized not only was that unconstitutional, but that it wrong and insensitive."

The lawsuit was filed by Charlotte attorney George Daly on behalf of Moss, fellow district parent Ellen Tillett and the Wisconsin-based Freedom from Religion Foundation. Daly says, "We think it violates the first amendment to the United States constitution which, which prohibits the establishment of religion. That's colloquially known as the requirement of separation of church and state."

In 2006 the South Carolina legislature said elective credit could be given for released time classes in South Carolina, as long as evaluations are based on secular criteria and don't involve public funds. Moss alleges the district doesn't monitor the content of the class which is offered at Saint Christopher’s Episcopal Church, next to Spartanburg High School. "Clearly they are trying to get around things to do that," says Moss.

People we spoke to near Hillcrest Mall support the idea of students receiving credit. Sandra Hawkins says, "I think it's wonderful, and I think they should have the option on campus also, because without God, we have nothing." Polly Chitwood told News Channel 7, "I think taking God out of the schools is ridiculous. I think as a Christian, God should be in everything that we do."

Moss, who is a college biology professor, says he is speaking as educator and a parent. "Because there is something wrong in the education system, it's really important to me to do whatever I can to fix it." His attorney says this case should set a precedent, “That a religious education course of this type cannot be given academic credit." He says the ultimate goal is not to stop offering the course, just the credit that is being given for it.

To find out more about what's being taught in the class, News Channel 7 tried to contact Spartanburg County Bible Education in School Time which offers it, but their voice mail message said they were out of town and unavailable.

Meanwhile, Spartanburg District 7's Erika Shoolbred, Director of Information Services, released this statement just after 5 p.m. Thursday:

"Statement Regarding Religious Release Time Lawsuit

Release time religious programs are not new to school districts in South Carolina. Religious release time programs have been approved by the federal courts in the form of the U.S. Supreme Court [see Zorach v. Clauson, 343 U.S. 306 (1952)] and the Fourth Circuit Court of Appeals [see Smith v. Smith (523 F.2d 121 (1975), cert. denied, 423 U.S. 1073 (1976)]; the SC General Assembly (see S.C. Code Section 59-39-112); and the SC Attorney General (see January 29, 2007 opinion letter to Sen. Mike Fair). Spartanburg School District Seven developed a board policy prior to implementation of providing elective credit for religious release time courses. Our implementation of the program was precisely in accordance with the state statutes and regulations and with our board policy, which is the same board policy in widespread use in South Carolina. Consequently, we anticipate that there will be support for the program from the State of South Carolina and all corners of the public education field.

“The program has been in existence in Spartanburg District Seven since 2007. While there may have been dialog and discussion in 2007, we have had no contact and no complaints from anyone regarding the program. I am disappointed that these litigants chose to pursue litigation in these circumstances rather than to first seek discourse and understanding on the matter. We continue to welcome anyone with questions about the religious release time program and the criteria used to determine whether credit will be awarded to contact the school district to speak with someone about their concerns.”

Dr. Thomas White, Superintendent.

Regarding specifics of the lawsuit, we have notified the proper legal and other pertinent parties regarding that matter. Until so advised by legal counsel, we will not comment on specific issues related to the lawsuit."

###

We checked to see what other schools are offering similar courses. Spartanburg District One says it has a release time course at Landrum High School for an elective credit. Cherokee County Schools tell us they have an off campus program, but gives no credit for it. Spartanburg District Six does offer the courses off-campus, but tell us they are taken through Oakbrook Preparatory and then the credit is transferred to District Six.

Spartanburg Herald Journal's Article: Spartanburg District 7 Sued Over Religious Education Course

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