Try Excused Absences

The New York City Council last week voted to add two Muslim holidays to the city's public school calendar, citing the annual observance of Christian and Jewish holidays. Mayor Bloomberg objects, saying the city isn't obligated to accommodate all faiths: "If you close the schools for every single holiday, there won't be any school." Who's right? In a country with so many faiths, should public schools observe any religious holidays?

Mayor Bloomberg is wrong in saying that the City of New York does not have to accommodate all faiths. But he's right in saying that, given our vast religious pluralism, schools cannot close for "every single holiday." Let me explain.

Under the First Amendment, public schools cannot "observe" or "celebrate" religious holidays in a devotional sense. But, in pursuing an education mission, public schools are perfectly free to teach about religion. And, what better way to do it than to take advantage of teachable moments provided by a particular religion's holidays.

Public schools should accommodate the religious needs of its students. This means at least that students who are unable to come to school because of a religious holiday observance should be excused without prejudice or penalty. So, in this sense, every religion should be accommodated.

Beyond this, as a matter of administrative convenience, when a large number of students are being excused for a particular religious holiday, it may make little sense to hold classes. In that event, officials can close the public schools -- not to celebrate a holiday but to respond to the practical problem of trying to hold class when few are likely to come.

Yes, public school should accommodate all religious holidays through a generous excused absence policy, teach about religious holidays as part of its educational mission, "observe" or "celebrate" no religious holidays in a devotional sense, and close school as a matter of administrative convenience where it makes sense to do so.

By J. Brent Walker  |  July 8, 2009; 12:14 PM ET
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