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in all instruction and other activities provided for them by public schools.

3. All such instruction must be given solely by public school personnel, on public school premises, during regular school hours.

4. All decisions regarding books, materials, curricula, schedules and homework, as well as any other administrative decisions customarily made in connection with classes and other activities in the normal operation of public schools today, must be under the exclusive control of public school authorities.

5. There shall be no religious tests for teachers or other personnel in the public school system.

6. No public school classes may be cancelled or curtailed because of the needs of any religious group, nor may any other accommodation to any religious group be made by public school authorities as a result of "shared time" programs, other than those accommodations normally made to pupils in the interest of the religious liberty of pupils.

7. Provisions must be made within the public school system to oversee the implementation of each "shared time" program on a continuing basis and to evaluate its compliance with the safeguards cited above.

Released Time

Many communities have adopted the practice of released time, whereby children are excused from school with the consent of their parents in order to receive religious instruction. When conducted off school premises and without pressure on children to participate, this program has been held to be constitu

tional. Nevertheless, released time is opposed for the following reasons:

-It threatens the independent character of the public school. Since part of the compulsory school day is "released" by the state on condition that the participating student devote this time to sectarian instruction, the state accomplishes by indirection what it admittedly cannot undertake to do directly– it provides a governmental constraint in support of religion.

-It is a mechanism for divisiveness which is repeated at weekly intervals throughout the school year. Even when most carefully administered, the program's inherent abuses become evident: subtle sectarian pressures are exerted by overzealous teachers; non-participating children are frequently em

barrassed.

-The normal school program is disrupted. Because classroom activities generally remain static during the released time period, children who do not participate suffer an unnecessary loss of school instruction.

-The available data indicate that some children simply do not reach their religious centers. Where such unexcused absences occur, the program contributes to truancy.

Particularly deplorable is the fact that some communities continue to disregard the Supreme Court's ruling in the McCollum case by permitting released time classes to be held on school property.

*Zorach v. Clauson, 343 US 306 (1952).

In Conclusion

Religion has flourished in this country, hand in hand with the American tradition of separation of church and state, which has served as a bulwark to religious liberty. And the public schools themselves have served as a great unifying force in American lifewelcoming young people of every creed, seeking to afford equal educational opportunity to all, emphasizing our common heritage and serving as training grounds for healthful community living. Thus, the schools have performed an indispensable function, and any proposed departure which threatens to prevent them from fulfilling this traditional role must be weighed with the greatest caution.

Experience indicates that public consideration of church-state issues often engenders community tensions. Deep religious loyalties and antagonisms are stirred, and extreme reactions sometimes displace calm and objective debate. In discussing these problems, community groups therefore have a responsibility to guard against provoking interreligious tensions.

It is hoped that this Statement of Views will stimulate thoughtful discussion, and help to keep the public schools free of sectarian strife.

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FOREWORD TO

STATEMENT OF THE

AMERICAN JEWISH COMMITTEE

on public aid to nonpublic schools
Subcommittee on Education of the

Committee on Labor and Public Welfare, House of Representatives

The American Jewish Committee, founded in 1906, was incor

porated by Act of the Legislature of the State of New York in 1911. It now consists of 84 chapters and units throughout the United States, with a total of approximately 41,000 members.

It has long been a fundamental tenet of the American

Jewish Committee that the security of all religious groups in this country depends in large measure upon the preservation of constitutional guarantees. the Establishment Clause of the First Amendment mandates the separation of church and state. Deriving from this constitutional principle is our conviction that government monies should not be allocated to denominational schools. The philosophy of the American Jewish Committee with respect to this issue is articulated in depth in the attached pamphlet, "Religion in Public Education of Views."

In this connection, the Committee believes that .

A Statement

PREPARED STATEMENT OF WALTER ADLER ESQ., PAST PRESIDENT, RHODE
ISLAND UNIT OF THE AMERICAN JEWISH COMMITTEE

The beneficient teachings of religion have contributed immeasurably to man's progress from barbarism to civilization. This country in particular, settled in large measure by refugees seeking freedom of conscience, has been profoundly influenced by religious concepts. In the opinion of many, the independence of American churches and synagogues flows from our unique tradition of separating church and state. This cardinal principle has insured freedom of conscience for all. It has permitted scores of religious sects to fluorish without hindrance. It has enabled us to escape much of the sectarian strife and persecution which has marked the history of other lands.

Because the American Jewish Committee firmly believes in the principle of separation of church and state, it is opposed to governmental assistance to religious schools of all faiths. Such schools, whose reason for being is to propagate their respective faiths, should be maintained voluntarily by their respective faith groups, not compulsorily by the entire public.

In "Religion and Public Education-A Statement of Views," we say : "Public funds should be used to support public schools only. Extension of such aid, either directly or indirectly, to denominational schools is opposed in principle both on constitutional grounds and for reasons of sound public policy. To divert public funds to private schools, religious or otherwise, will weaken the fabric of public education."

In the wake of the U.S. Supreme Court decisions, last June in Lemon v. Kurtzman and Earley v. DiCenso, which held that the use of state funds to purchase "secular educational services" and to supplement teachers salaries at sectarian schools contravened the First Amendment, a search has been underway for alternative means of alleviating the financial plight of many such schools. The American Jewish Committee, its "separationist" position notwithstanding, is deeply concerned about the quality education for all American childern and is sympathetic to the predicament of denominational schools and of parents who wish to utilize them. Committed as we are to the improvement of the quality of life of this society and to responsible social change, we have a moral and practical obligation to be concerned about excellence in education for all the children of this society. That, of course, includes the more than five million children attending Catholic, Protestant, and Jewish religious schools. They too are citizens and the quality and level of their contribution to the welfare of American society will be decisively affected by the nature of their education.

In this context, we call attention to a constructive partial remedy that is available to help meet the financial problems of such schools. The procedure called "shared time," (or "dual enrollment") permits religious school pupils to attend nearby public schools, on a part-time basis, for instruction in nonreligious subjects such as mathematics, science, industrial arts, home economics, and physical education. While in the public schools, such pupils would be under the exclusive jurisdiction of public school authorities and freely intermingled in all classes, with all instruction being given solely by the public school personnel on public school premises and during regular hours. Such pupils would, of course, continue within their religious schools to take those courses which have religious content or significance.

While "shared time" is no panacea, its advantages are apparent. Religious schools can be relieved thereby of the appreciable financial burden of teaching secular courses, thus enabling them to concentrate on sectarian instruction. By bringing more religious school pupils into public schools, racial and religious integration can be significantly advanced and, hopefully, intergroup understanding as well. Such programs should also help to develop broader community support for the pressing needs of both public and private education.

Subject to certain safeguards, the American Jewish Committee has endorsed the concept of "shared time." We believe that "shared time" does not violate the constitutional principle of separation of church and state. Obviously, children who now attend religious schools on a full-time basis would be entitled to enroll in public schools on a full-time basis if their parents so desired. There is no constitutional reason why such children should not ber permitted to enroll in public schools on a part-time basis.

In the case of Zorach v. Clauson, the U.S. Supreme Court in 1952 upheld the constitutionality of "released time" programs whereby children are excused from

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