Written by Don Byrd
[UPDATE: 6/12/2015: The 6th Circuit overturned the trial court and held the use of the church did not violate the separation of church and state. The Appeals Court emphasized that students had only slight exposure to religious elements, that a budgetary crisis forced the school’s closing, and the arrangement did not excessively entangle the County with Kingswood. You can read the ruling here (pdf). Original post from 7/10/2013 regarding the trial court’s ruling is below.]
A federal court in Tennessee has ruled unconstitutional Jefferson County’s arrangement with Kingswood School to educate and care for suspended or expelled public school students. Kingswood, a non-denominational private Christian institution, received the contract with Jefferson County following the County’s dissolution of its alternative school as a result of budget cuts.
Despite Kingswood keeping somewhat separate its religious and educational programs, Judge Thomas Phillips found the appearance of endorsement by the government runs afoul of the principle of church-state separation.
From the opinion (via Howard Friedman)(pdf):
The average student that attended Kingswood would arrive on campus and see a church within the grounds. She would then see an intake staff member who was also an ordained minister. After intake, the student would attend secular classes, but would take home report cards branded with Christian language and symbols. In order to progress though the level system, she would need to have her parents routinely sign and return Family Feedback Forms that also contained bible verses. If she visited Kingswood’s website, she would be greeted by the phrases “Christian environment” and “Christian education”
The Court emphasized that the County took a hands-off attitude, rather than insisting on constitutional safeguards. Here, the alternative school was simply turned over to a religious institution. While Kingswood seemingly refrained from indoctrination as an overt part of a public school student’s education, the appearance of endorsement doomed the relationship.
