LITTLE ROCK — A national organization that promotes separation of church and state wants two preschools owned by state Sen. Johnny Key, R-Mountain Home, to stop daily prayer and Bible lessons or lose state funding.
Americans United for Separation of Church and State sent a letter Thursday to the Arkansas Department of Human Services explaining what it believes are constitutional violations at Open Arms Learning Center and Noah’s Ark Preschool, both in Mountain Home.
“State funds should not be used to fund religious instruction or activity,” the letter states. “If these preschools are unwilling to alter their implementation of the grants, then the grants should be terminated.”
The two preschools have received $1,259,117 in Arkansas Better Chance grants since the 2007-08 school year, according to the Human Services Department. The grants provide funding for low-income, pre-kindergarten pupils to attend preschools. This school year, 298 preschools received $102 million in grants through the program.
The letter mentions only 2009-10 state funding of $291,600 to the two preschools.
Thursday’s letter was sent to Breck Hopkins, chief counsel for the department. It was signed by Alex Luchenitser, associate legal director for the nonpartisan organization, and Ian Smith, a staff attorney.
Key said he has been waiting for guidance from the Human Services Department since the issue first came up in November.
“DHS is looking into it, and we haven’t heard from them for a while,” he said Thursday.
Key said he hadn’t seen the letter and would have no further comment. He and his wife, Shannon, co-owner and director of the schools, have said they will cooperate with the state and change the way the schools operate if necessary.
Arkansas Code Annotated 6-45-106 (a)(1)(B) requires a review of applications from schools that have a religious affiliation before they receive state funding for any childhood education program approved by the department. That’s to make sure there’s no violation of the First Amendment, which among other things prohibits the federal government from making any law “respecting” an establishment of religion, while also allowing an individual’s right to free speech and free exercise of religion.
Amy Webb, a spokesman for the Human Services Department, said the department’s lawyers are working on a policy to address religious instruction.
“It is something that we just quite honestly overlooked, to have that specific policy to address that part of the law, but we are working to correct that,” she said. “We are taking their complaint seriously and we are addressing the issue. We are in the final stages of a draft and review phase of this. We believe we’ll have something fairly soon. We want to offer clearer guidance and have a clearer policy for our schools.”
A letter from Americans United is often enough to get a school to change what it has been doing, said Rob Boston, a spokesman for the organization.
According to the letter, the handbook for Open Arms Learning Center says the purpose of the center is “to provide quality childcare and age appropriate learning by trained and loving teachers in a non-denominational Christian environment.”
“Circle time,” which includes prayer, is listed on the daily schedule for both schools. A copy of the schedule for each school was included with the letter.
In a Dec. 13 interview with the Arkansas Democrat-Gazette, Shannon Key said pupils pray before breakfast and lunch and have a Bible lesson each morning.
She said there are about six preschools in Mountain Home, and parents choose hers because of the religious instruction.
This year, Noah’s Ark had Arkansas Better Chance grants for 40 pupils, while Open Arms Learning Center was funded for 20. Noah’s Ark can accommodate 213 children, and Open Arms Learning Center is licensed for 135, Shannon Key has said.
The program is administered by the Human Services Department’s Child Care and Early Childhood Education Division. The funding comes from the Arkansas Department of Education.
Johnny Key is the second Arkansas legislator whose preschool has recently come to the attention of Americans United.
The organization sent a letter Nov. 1 asking the same two state agencies to investigate Growing God’s Kingdom, a preschool in West Fork operated by state Rep. Justin Harris, R-West Fork, and his wife, Marsha Harris.
Boston said previously that the organization didn’t attempt to focus on legislators’ preschools.
Growing God’s Kingdom has received $2.6 million since 2005 in Arkansas Better Chance grants, Webb said. The school has 168 pupils, and tuition for 110 of them is funded through Arkansas Better Chance grants.
During an unannounced visit to the preschool Nov. 4, a Human Services Department inspector noted religious decorations, children singing “Jesus Loves Me,” and children doing Bible study.
Harris said he hasn’t made any changes but he could move the Bible study until after the school day is officially over.
“We’ll continue to teach the Bible curriculum, but if need be that will be after hours,” he said. “The state has not asked us to stop doing it so we will not do so until further notice.”
Webb declined to say whether the preschools would be required to return any of the grant money to the state.
Arkansas, Pages 12 on 01/07/2012