Enactment of a state law in Texas which prohibits public schools from penalizing students who are absent because of religious holidays was lauded today by Daniel Chazan, general counsel of the National Jewish Commission on Law and Public Affairs (COLPA).
Help in drafting the new law was provided by Michael Kusin, a Houston COLPA member, in consultation with other COLPA attorneys. Kusin said the measure “will substantially aid Jewish students and members of other religious minorities who attend public schools in Texas,” making it possible for Jewish students “who attend public schools to observe their religious holy days without fear of being penalized for their absence.”
The bill was passed by the Texas Legislature on May 28 and signed into law last Friday by Gov. Mark White.
CHRISTIAN GROUP INITIATED SUIT
Chazan said the new law is the outgrowth of a lawsuit filed on behalf of members of the Worldwide Church of God — a Christian denomination whose members observe holy days which coincide with holy days observed by Orthodox Jews — to bar school districts in Texas from penalizing students who absent themselves for religious observance for more than the two days then permitted as the limit for excused absences for that purpose.
Chazan said that, in March, 1982, the federal Court of Appeals for the Fifth Circuit, sitting in New Orleans, ruled that such penalties were unconstitutional. But, he added, several Texas school districts persisted in ignoring the court’s ruling and continued to penalize students.
The case began when 12 students, citing religious reasons were absent from school for eight days and were penalized by the school board. A suit was filed in their behalf in federal district court.
The school boards contended that to permit some students to take more than the standard two excused days for religious observance permitted for all students would represent an unconstitutional preference for those students and would be tantamount to an impermissible official recognition of their faith.
COURT BACKS STUDENTS
Federal district court Judge Marylou Robinson ruled in April, 1981, in favor of the students’ claim for excused absence for all their holy days. The school board appealed the ruling to the Circuit Court of Appeals.
Kusin, who acted as counsel to the church and who led the legislative effort to aid student members of the Worldwide Church of God, said the new law requires school districts to excuse students from school attendance for the purpose of observing holy days if written requests for the excused absences are submitted to school officials in advance.
He said students excused under this provision cannot be penalized for such absences and that they will be counted as attending school for purposes of calculation of the average daily attendance by which school districts are reimbursed by the state.
Kusin said the legislation further requires school districts to allow the students a “reasonable time” to make up missed school work. He said that if the missed work is made up in an academically satisfactory manner, the days of excused absence will be counted toward satisfying the requirement of the number of days of compulsory education students are required to complete during the school year.
Chazan said the appeals court ruling was a reaffirmation of the principle that reasonable accomodation of religious practices by government is an aspect of religious freedom.
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