LITTLE ROCK — Public comment on proposed rules on religious instruction in preschools that receive public funding has split on both sides of the issue.
The draft rules, created by the Arkansas Department of Human Services, would prohibit agencies that receive its publicly funded Arkansas Better Chance grants from leading religious instruction, Scripture reading and prayer during the seven hours of mandated instructional time.
Some commenters have argued that the rules would not go far enough to limit religious influence on participants in the preschool program for low-income families and that they may not adequately shelter the state from potential lawsuits.
But the only two speakers at a public-comment session Tuesday argued the opposite, saying that the rules could unfairly eliminate Christian based providers as options for families.
“We need to be careful in this rule change that we are not overreaching and that we are not discriminating against anyone,” said Rep. Justin Harris, R-West Fork.
Human Services Department officials created the draft rules after Americans United for Separation of Church and State complained that three Northwest Arkansas preschools owned by state lawmakers were violating the First Amendment of the U.S. Constitution by using public money to fund religious instruction.
The preschools in question include Harris’ West Fork preschool, called Growing God’s Kingdom, and Noah’s Ark Preschool and Open Arms Learning Center, owned by Sen. Johnny Key, R-Mountain Home.
Donna Schillinger of Clarksville, the other speaker at the hearing Tuesday, called the rules “problematic.”
“It’s coercion, causing me to have to choose between receiving these benefits and practicing my faith,” she said.
Harris said families could select alternative participating preschools if they are unhappy with teachers reading Bible verses and singing songs like “Jesus Loves Me.”
But some members of the Arkansas Board of Education, which administers the program funded by the Human Services Department, have said families in rural areas don’t often have alternatives to faith-based providers.
Children who remain at the preschools after the state mandated school day would then be a “captive audience” for proselytizing, they said.
Attorneys for Americans United for the Separation of Church and State also have concerns.
In a written comment submitted Feb. 28, staff attorney Ian Smith said he was concerned the rules would not do enough to separate public and private funding.
The rules also give the impression that public funds can be used for religious instruction as long as that instruction happens outside the seven hour school day mandated by the public preschool program for low-income children, he wrote.
“In fact, government funds must not directly support religious services, instruction, or programming at any time, not just the arbitrarily selected duration of the program,” Smith wrote.
Americans United requested changes to the rules, including requiring separate bank accounts for public funds used at participating preschools, requiring providers to cover “religious iconography” displayed in classrooms and clarifying that no public funds can be used to purchase religious materials.
Members of the Education Board have requested legal background on how the rules were formulated.
The public may submit written comments to the state Department of Education about the proposed rules until March 26.
The state Education Board and a legislative rules committee must then approve the rules before they could be implemented.
Arkansas, Pages 10 on 03/10/2012