A rule requiring members of a high school activities association to be accredited by the state does not violate the religious freedom of parochial schools, the Montana Supreme Court ruled.
The court's decision Tuesday rejected a Christian school's claims that the accreditation mandate dictates the kind of teachers it can hire and therefore infringes on the free exercise of religion protected by the state and U.S. constitutions.
While accreditation demands a school employ only state-certified teachers, that does not prevent the school from hiring whomever it wants to further its religious views, the court said.
In writing for the majority, Justice Bill Leaphart said the court found no constitutional basis for Valley Christian School's argument that the association should allow it to employ a teacher who is not certified by the state Office of Public Instruction.
Although the state cannot require private schools be accredited, Valley Christian, in Missoula, had voluntarily sought and received accreditation for 15 years. As a result, they were allowed to be members of the association, which regulates interscholastic activities such as sports.
In 1999, Valley Christian lost its accreditation and membership in the association after hiring an uncertified science teacher.
The school sued the association, claiming the accreditation rule interfered with its right to hire teachers who have the desired religious beliefs.
It said the bylaw unconstitutionally infringed on the religious freedom of the school, its students and their parents.