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Lifewise could sue Ohio schools for banning goodies offered to kids on religious release time

A Lifewise bus outside the Westerville Board of Education meeting on Sept. 30, 2024. The board voted to rescind its policy that Lifewise used to offer its Bible study program during school hours.
Karen Kasler
/
Statehouse News Bureau
A Lifewise bus outside the Westerville Board of Education meeting on Sept. 30, 2024. The board voted to rescind its policy that Lifewise used to offer its Bible study program during school hours.

Public school districts throughout Ohio have put in place policies to comply with a law to allow religious groups to take kids off campus during the school day with their parents' permission. But one of the rules on the books in some districts is striking a sour chord with LifeWise, the Christian-based group that offers the most programming of its kind in Ohio.

Kids who attend LifeWise often return from those off-campus religious outings with candy, stickers, or tchotchkes. LifeWise attorney Jeremy Dys said some districts are not permitting students to bring back those items after attending the religious programs.

And he said some advisors to school districts, like the policy group North East Ohio Learning Associates, are advising schools to ban students from bringing items back with them when they return to school. Dys said that's restricting free speech and denying students their religious liberty.

“This is a bad thing. And if you don't correct that, you're going to result in some very serious litigation that is not going to be fun for anybody," Dys said.

Opponents of Lifewise see things differently

Jaclyn Fraley, a parent who opposes LifeWise, has testified against House Bill 8, which required districts to develop their religious release time policies. She said LifeWise and other such programs should not have the opportunity to send goodies to school with the kids, noting the local policy also prevents her from doing it.

“I’m not allowed to send candy to school with our child. Our school district has a policy of ‘you may send in no food or treats that are food-based for a birthday celebration,’" Fraley said.

Fraley said the schools have good reasons for not allowing students to bring back candies or other things from their LifeWise trips. She notes some kids whose parents won't allow them to attend often feel left out when kids who do flaunt goodies they received. And Fraley said it's important to remember some kids have allergies to certain substances or foods.

Fraley said the law is not supposed to require school staff to facilitate the program. But she said if this ban on goodies isn't in place, school employees might have to intervene.

“Who is dealing with that emergency if LifeWise sends a kid back to school with a nut-based candy in their pocket and the kid gives it to someone else? Who is liable for that?" Fraley asked.

The way Dys sees it, schools are putting parameters in their policies that require LifeWise to jump through "fiery hoops" to operate the program in their districts. Dys said lawmakers want districts to provide this opportunity for kids and their parents.

"They have simply put in place a policy that seeks to target and make much more difficult access to these release time education programs, and the people’s representatives have clearly spoken on this," Dys said.

Republican legislators have also included in the House budget a provision that would set a minimum and maximum requirement of time for release for religious instruction.

Contact Jo Ingles at jingles@statehousenews.org.