NORTHWEST ARKANSAS — Religious icons shouldn’t be on the walls of a preschool that receives state funding, a lawyer for Americans United for Separation of Church and State said Tuesday.
Ian Smith said he reviewed a new rule drafted by the Arkansas departments of Human Services and Education meant to make sure preschools that receive state funding aren’t violating the First Amendment to the U.S. Constitution, which prohibits any state or federal law “respecting an establishment of religion, or prohibiting the free exercise thereof.”
“It’s a good start,” Smithsaid. “But we have some suggestions for strengthening it.”
The main issue is religious iconography, he said.
The proposed rule change comes after Americans United for Separation of Church and State complained to the Department of Human Services about three Northwest Arkansas preschools that appeared to have religious instruction while receiving state grant money.
The complaints addressed a preschool in West Fork owned by state Rep. Justin Harris, R-West Fork, and his wife, Marsha Harris, and two preschools in Moun-tain Home owned by state Sen. Johnny Key, R-Mountain Home, and his wife, Shannon Key.
The schools are among 298 preschools that receive state Arkansas Better Chance grants to provide funding for low-income, prekindergarten pupils to attend preschools. Statewide, preschools received $102 million in grants through the program this school year.
In part, the new rule states: “All [Arkansas Better Chance] instruction and instruction materials must be secular and neutral with respect to religion. No religious activity may occur during any [Arkansas Better Chance] day.”
A “Frequently Asked Questions” document sent Monday to the state-funded preschools states that it’s permissible to have religious materials on walls because some church buildings serveas preschools.
The regulation would be stronger if preschools covered up the iconography during the school day, Smith said.
Both Americans United for Separation of Church and State and the Department of Human Services cited case law to support their arguments.
“Our attorneys based our rules and the information that we provided on case law that they felt was relevant,” said Amy Webb, a spokesman for the Department of Human Services.
In other states, churches that serve as public schools have covered religious icons and used drapes to conceal stained glass windows during the school day because that’s the best way to follow the law, Smith said.
“Ultimately, if it’s a state program that’s operating in this church space ... just covering them is a reasonable compromise,” he said.
Smith said his organization will decide how best to convey its concern to the Arkansas agencies, and that may be during a public comment period.
The Arkansas Board of Education must approve the proposed rule, then it is subject to a 30-day public comment period. A public hearing will be held during that time, Webb said.
The rule then goes back to the board, then to the Legislative Council rules and regulations subcommittee for review, she said.
Smith said the organization also had some issues with the Arkansas agencies allowing religion instruction at preschools before or after the seven-hour school day.
“How do you police the funding that comes from [Arkansas Better Chance] to make sure it’s not used for religious activities?” said Smith. “At 4:01 p.m., the providers who’ve been sectarian can flip a switch and all of a sudden there’s all this religious instruction?”
The organization first complained in November about Harris’ Growing God’s Kingdom in West Fork. The preschool has received $2.6million in grants through the Arkansas Better Chance program since 2005, Webb said.
On Jan. 5, the organization sent a second complaint about Key’s two Mountain Home preschools, Noah’s Ark Preschool and Open Arms Learning Center, which have received $1.3 million through the Arkansas Better Chance program since the 2007-08 school year, according to the state.
According to the information the state sent out Monday, preschools may display religious material on the walls, but that material may not be used for religious instruction. That’s because some of the preschools are held in church buildings, the materials says.
Harris said he was happy with that part of the new rule, and he can start “Bible stories” after the school day instead of taking 10 minutes during the day as he does now.
But Harris said that under the new rule, teachers won’t be able to lead pupils in prayer or singing religious songs. Students can pray or sing those songs on their own, but not under guidance from anyone at the school.
Harris said he knew Americans United for Separation of Church and State wouldn’t be happy with the new rule.
“They don’t have freedom of religion,” said Harris. “Their whole deal is freedom from religion. They’re known for that. I don’t think [these rules] go far enough for them.”
“I think it’s a way to take more freedoms from Christians, and I think it is discrimination.”
Neither Johnny nor Shannon Key returned calls seeking comment.
In a letter sent Monday to preschools that participate in the program, Arkansas Better Chance Director Tonya Russell said inspectors will monitor First Amendment compliance during regular licensing visits to schools that receive the state funds.
Providers that are out of compliance will be given 30 days to correct any problems, according to the letter.
Each Arkansas Better Chance provider must certify compliance annually and agree to unannounced inspections to monitor compliance.
Webb said inspectors will go to the three schools for which there were complaints within the next 30 days. Inspectors will make sure they’re in compliance even though the agencies haven’t reviewed the new rule yet.
Northwest Arkansas, Pages 9 on 01/25/2012