Court Refuses To Dismiss Challenge To Graded Released Time Religious Course

In Moss v. Spartanburg County School District No. 7, 2009 U.S. Dist. LEXIS 117744 (D SC, Dec. 17, 2009),a South Carolina federal district court refused to dismiss an Establishment Clause challenge to the released time program for religious instruction that was set up by the Spartanburg County (SC) School District. After finding that parents of school children and the Freedom From Religion Foundation have standing, the court held that plaintiffs had stated a "facially plausible" Establishment Clause claim. Plaintiffs alleged that students attending off-site released time courses get an advantage in competition for state college scholarships and other educational opportunities. Students are given an academic grade for the released time course based on the student's religious status and progress as evaluated by the religious group offering the course. The grades are awarded by a nearby religious high school and then transferred for credit to the student's public high school transcript. This distinguishes the program from the U.S. Supreme Court's decision in Zoraach v. Clauson which upheld a New York released time program. The federal district court however dismissed a second claim by plaintiffs asserting an equal protection violation.