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The Borrowers
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The irony of closing schools for religious holidays because of absenteeism is that, while it may satisfy the court's test of church-state separation, it also sends the inevitable message that our public schools favor Christians and Jews -- exactly what the First Amendment seeks to avoid.

In the case of Sycamore -- a diverse, upper-middle-class district of 6,000 students -- officials decided in 1995 to close school on religious holidays if absenteeism increased 18 percent above the average 3.5 percent rate. Good Friday was not considered because it is already written into the teachers' contract as a day off. Absentee rates on Muslim and Hindu holidays were just 2 to 3 percent above normal.

Absenteeism for Jewish holidays was about 15 percent above the norm -- short of the 18-percent criterion -- but the district decided to shut down schools on Rosh Hashanah and Yom Kippur anyway because "they were not quality days," according to Superintendent Bruce Armstrong. "I just want to make sure we are using tax dollars with the best possible result," Armstrong says. To the ACLU, though, the district's failure to stick to its own cutoff is proof that its "true motivation" was the "desire to favor Judaism over other faiths," according to the lawsuit.

But what is a pluralistic school district to do? Shutting down for all religious holidays is hardly a solution because it would lead to schools being closed virtually every day to honor the religious leanings of every student. Closing for no religious holiday would satisfy very few and would leave the problem of empty classrooms on days like Good Friday. Marci Hamilton, a church-state expert at Cordozo Law School, argues that an even higher standard of absenteeism, such as 50 percent, is the only viable solution. But that still would leave schools closed in most districts only for Christian holidays.

Fortunately, for those seeking a less stringent test of church-state separation, a federal appeals court last month ruled that a Maryland school district may close for Good Friday and even the Monday after Easter. The decision re-affirmed previous rulings that established a three-pronged test for school closings: They must have a "plausible" secular -- though not necessarily entirely secular -- purpose, which can be satisfied by something such as the desire to give a day off "on a convenient and low traffic day"; they must not advance one faith over another (satisfied, in this case, by closing on Good Friday for everyone, not just Christian students); and they must not represent excessive entanglement between church and state.

This solution doesn't necessarily work for Muslims or others. Are there any other options?

One possibility is to schedule a single day off per year for each religion whose numbers in the district's schools surpass a cutoff that is significant but not huge, such as when absentee rates double for their holidays. The secular justification would be that instances of higher-than-usual absences reduce the quality of education and force teachers to repeat material for the absentees.

As I listen this afternoon, as I do every Friday, to the call to prayer coming from the mosque in my neighborhood, I look back and know that had I been a public-school student, I certainly would not have been scarred if New York schools had remained open for Jewish holidays. I never felt like my opportunities were diminished or my religion disrespected by American society. The generations of my grandparents and great grandparents forged the way for me to be fully American and fully Jewish at the same time.

But most of today's Muslims are just starting out in this country and their struggle will be more difficult as they attempt to integrate into a society unfamiliar with, and often hostile to, their traditions and observances. Our schools have an opportunity to show Muslims -- as well as Hindus, Buddhists, Sikhs and many others -- that America truly is a land for all people, regardless of their faith. And someday, perhaps, their children will walk to mosque on Eid, marveling at the sight of their schoolmates playing on their day off while the Post hits the stands as always, screaming the latest victory of the Mets.
salon.com | Sept. 21, 1999

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