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ARTICLE · 12 JANUARY 2024

Religious Institutions Update: January 2024

Holland & Knight
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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise

United StatesEmployment and HR
Nathan Adams IV
Nathan Adams IV
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Key Cases

Free Exercise

Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise

In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1, 2023), the district court ruled that the defendant's denial of extracurricular and co-curricular opportunities to students at parochial schools within the school district while extending them to home-schooled and charter-schooled students within the school district violates the Free Exercise Clause and Equal Protection Clause. The defendant characterized its policy as generally applicable or a policy prohibiting private students' involvement in extracurricular programming. The court rejected this framing because of the exemptions for home-schooled and charter-schooled students. The district argued that if it allowed parochial students to participate, it would take away opportunities from enrolled district students,

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