united-states discrimination education
Can a school be sued for getting rid of spring break? (Is scheduling classes on Passover or other religious holidays discrimination?)
<p>In most schools in the US, there's a "spring break" or "spring recess" that coincides with Passover. It is my understanding that under Jewish law, Jews can't attend classes during Passover or certain other holidays. However, there seems to be a trend towards eliminating spring recess from school schedules, and I can't shake the feeling that this is discriminatory and illegal as it would put Jewish students at a disadvantage.</p>

<p>Under United States federal law, would requiring students to attend classes during religious holidays constitute discrimination, exposing the school to liability under civil rights laws? What if the school provided make-up work for students who cannot attend classes but otherwise held classes during such holidays? (Answers that cover this from a federal standpoint are preferred, but if a state is required for an answer, assume New York.)</p>

<p>A school district <em>has</em> been sued for something like that. In <a href="http://law.justia.com/cases/federal/district-courts/FSupp/511/613/1429691/" rel="nofollow noreferrer">Church of God, Etc. v. Amarillo Indep. Sch</a>., 511 F. Supp. 613, plaintiffs successfully sued the school district "to enjoin the enforcement of the Amarillo School District's absence policy which limits the number of excused absences for religious holidays to two days each school year", where "A fundamental tenet of the Church of God is that members must abstain from secular activity on seven annual holy days". The school district imposed an absence polity where "School work missed may be made up whether an absence is excused or unexcused", and "Excused absences shall be granted to students for a maximum of 2 days for religious holidays in each school year". The court concluded that "This policy poses an unquestionable burden on the Plaintiffs' religious belief", and "This burden is not ameliorated by the make-up work provision. The provision does not require a teacher to evaluate the work made up. It in fact directs the teacher to enter a zero for that work". In this case "Summary judgment is granted and judgment rendered enjoining the enforcement of the Amarillo Independent School District's excused absence policy insofar as it limits the number of excused absences for religious holidays". This is not a matter of religious discrimination, this is a First Amendment issue. The policy is in violation of the Free Exercise clause.</p>

<p>Eliminating spring break per se is not a problem: doing so and providing no excused absences is the problem. In the above case, there was clear a religious principle of the church to the effect that one must be off the clock on the holiday. As far as I know, there is no requirement to abstain from work or school on Shrove Tuesday, Ash Wednesday or Good Friday. Nevertheless, in recognition of New Jersey state law which allows any student to take off a religious holiday – including Shrove Tuesday and Ash Wednesday, and dozens more – the Board of Education has <a href="http://www.state.nj.us/education/genfo/holidays1718.pdf" rel="nofollow noreferrer">prepared a list</a> of such holidays, which includes Wiccan, Hindu, Baha'i, Jewish, Zoroastrian, Church of Scientology (and so on) religious holidays.</p>
