Factual issue remains in Establishment Clause challenge to school board’s outsourcing

Howard Friedman, Religion Clause

In Kucera v. Jefferson County Board of School Commissioners, (ED TN,  Feb. 21, 2013), a Tennessee federal district court allowed two plaintiffs– a former teacher and the former principal in an alternative school– to proceed with their claims that a Tennessee school district violated the Establishment Clause when it closed the alternative school in which they were employed and contracted with Kingswood Academy, a Christian school, to provide alternative school services.  In denying defendants’ motion for summary judgment, the court said that there remains an issue of fact as to whether or not the alternative day program offered by Kingswood is religious in nature in the same way its residential program is. (See prior related posting.)