January 27, 2007
Students could opt out of classes if beliefs conflict

By HANK LACEY THE GAZETTE

DENVER - Public schools would have to post a "bill of rights" outlining the religious freedoms enjoyed by teachers, staff and students if a bill introduced Friday by Sen. Dave Schultheis, R-Colorado Springs, is enacted.

The proposed Religious Bill of Rights for Individuals Connected with Public Schools Act would require school boards to allow students to opt out of classes that conflict with their religious beliefs.

Schultheis says the bill is needed to ensure that parents, students and teachers are aware of their constitutional right to practice their faith and to encourage religious expression.

"What is
more important than the religious liberties in this country?" Schultheis said. "We need to be encouraging them, not discouraging them."

Rep. Michael Merrifield, D-Colorado Springs, who is chairman of the House Education Committee, disagrees with the assertion that schools are unaware of their obligation to respect religious freedom. "I think it's bogus," Merrifield said. "No district in Colorado denies that."

Merrifield also argues the bill would divert public schools' focus from their responsibilities and impede their educational mission.

"To disseminate this thing is going to cost millions," he said. "Nothing in the bill is going to give students an education to be successful in the competitive world we live in."

Rep. Amy Stephens, R-Monument, counters that the costs imposed on schools would be minimal. "Where would the money come in? For poster board, to put up a sign? I mean, really," Stephens said.

Stephens also thinks the bill is necessary to stem a growing tide of litigation against school practices that discriminate against religion.

"I think in the last, probably, five to 10 years, these incidents have been escalating," Stephens said. "It's important that we continue to remind the public that these issues are alive in the public education arena."

The bill would also subject school board members to personal liability in a lawsuit aimed at forcing administrators to comply with the law.

"With a new law going into effect like this, you could potentially have considerable resistance at the school board level," Schultheis said.

To Merrifield, that provision is one more reason to oppose the bill. "I would hope that we here in Colorado, in the 21st century, would not let that bill see the light of day," Merrifield said.

Stephens, though, hopes her colleagues think of the bill as a means of bringing peace to the religion wars in the public schools.

"People have grown weary, and they want a respectful environment in the schools. I'd like to see a return to that respect."

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