Fayetteville (AP) — The Arkansas Department of Human Services has proposed rules intended to clarify a constitutional ban on schools using taxpayers' money to teach religion and to help school officials correct any constitutional violations that might be occurring, spokeswoman Amy Webb said.
The rules must be approved by the state's Department of Education and receive a public hearing and legislative review, Webb told the Northwest Arkansas Times for a story in Tuesday's editions. The Department of Human Services administers the Arkansas Better Chance program, which offers early education services to children with developmental and socio-economic risk factors.
The rules would apply to schools receiving money from the program. One clarifies that no religious activity may occur during the seven hours considered part of the school day.
Complaints from Americans United for the Separation of Church about preschools owned by state Sen. Johnny Key, R-Mountain Home, and state Rep. Justin Harris, R-West Fork, initiated a state investigation. Key owns two preschools at Mountain Home and Harrison owns one at West Fork.
Key has maintained he is following federal and state laws at his preschools.
A state inspector visited Harris' preschool after the Washington-based Americans United wrote to the state seeking an investigation into religious teaching at the school. The inspector issued an eight-paragraph report noting scriptural pictures and posters on the walls of some classroom and halls and that children received 10 minutes of religious instruction.
Harris said he has no problem with telling his teachers to provide religious instruction before or after the seven-hour school day, but he objects to being unable to pray with parents or others who come to the school needing counseling, sometimes after traumatic incidents at home.
"That's just us. We minister to people," he said Monday. "Now, I'm going to have to question it if I pray with a parent."
Harris said he forwarded the proposed rules to his attorney, Joel Oster of the Alliance Defense Fund, and will decide how to proceed after consulting with him.
Ian Smith, an attorney for the nonprofit Americans United, said the grant paperwork accompanying state funding should have specified the constitutional boundaries for teaching religion.
The department began evaluating whether rules for grant recipients could be clearer after the inspection, and the guidelines issued Monday are intended to provide that clarity, Webb said.
The Department of Education will review the proposed rules at its February meeting, Webb said. If department officials agree to release the rules for public comment, a 30-day comment period, including a public hearing in Little Rock, will take place.
The Education Department then will consider approving the rules and the Legislative Council Rules and Regulations Subcommittee will review them before they are implemented, Webb said.
The schools owned by Harris and Key will be subject to surprise inspection within 30 days to see whether they are in compliance, Webb said.
Harris said surprise inspections that occur before the public and Legislature have reviewed the proposed rules are unfair.