Is this legal? Passing out Christian Daycare brochures at open house public school

I just went to my daughter's Kindergarten open house today. There was a woman from a Church daycare passing out flyers to all the parents. I told her that we wouldn't be going because I didn't want my daughter indoctrinated with that. She was nice and understood. I did, however, take a flyer because I wanted to be able to refer to it when I complained.

I complained to the classroom teacher. She was surprised but wasn't sure if it was legal or not. She referred me to the principal. I plan to talk with her next.

I don't know if it is illegal or just inappropriate. I plan to complain either way. However, I would like to know if it actually breaks the law. Does anyone know?

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the law is basically to prevent favouritism. i think you're misreading the spirit of the law.
Maybe. I don't know. Wall of separation seems pretty strong to me. It seems to me that the only way practical way to prevent promoting a religion or the appearance of religion promotion is to check it at the door. But you've certainly given me another prospective to consider.
actually, the idea that separation means exclusion is one that the religious like to promote. "no prayer in school" means teachers do not lead classes in prayer, but religious fearmongers try to convey the impression that if a student decides by themselves that they want to pray, that the teachers will stop them and tell them they can't do that in school. the thought that their children are not ALLOWED to pray in school scares the few remaining wits out of religious parents. it's best not to promote that idea, as it only makes them feel justified in doing things like removing their children from public schools. this is also why people like fox news treat the ACLU as anti-christian and ignore all the times they have fought for christians who have been unfairly excluded or discriminated against, it makes them feel like victims and makes them feel justified.
Egan, for some reason it won't let me reply directly to your post.

I do realize that students can pray in school. In NC we even set aside time for it. And students can distribute religious materials. But it shouldn't come from adults. That is the reason that the ACLU is repeatedly having to fight against this distribution of Bibles in North Carolina public schools by an outside group. If an outside group is allowed to come into a school, it can be seen the school's promotion of the bible or the group in general.
i can understand excluding religious organisations from recruiting directly. but say someone posted a list of summer camps. would you have them strike all the bible camps from the list, but leave the band camps and space camps and whatnot? i think it's considered "day care -hyphen- religious", rather than "religion -hyphen- day care", if you see what i mean.

At the very least they should have to follow the same procedures as other daycares. And frankly I don't think any business really needs to advertise in a public school. Daycares aren't community service organizations; they are for-profit organizations. But I realize that is just my opinion.


However, yes, I really think they should be excluded from advertising in a public school. I think that it gives the impression that the school is endorsing the religion. I also think that if there were a day care that taught atheism (not just a secular daycare but one that actually taught that is the way to go) that it should not be allowed to advertise in a public school either. 

you're making a lot of assumptions. do you have evidence that they aren't following the same procedures as others?


advertising for profit organisations in american public schools is not a new thing. at least in this case the school is probably not getting paid to allow it to happen. but blocking certain groups on the basis of religion or ideology would be discrimination.

I agree that I am making a lot of assumptions. Hense the reason I said I need to do some more research. I based my assumption on other things I have seen where things that the school agreed with were allowed and things that they disagreed with (such as the gay student alliance) was forced out.

I do intend to ask for specifics of the procedures and how closely the procedures were followed in this case. If they weren't followed (and yes, that is an IF) that is a solid basis for complaint.

If they were followed, then I can still voice my opinion that it is inappropriate. I may not be able to do much more. I don't know. Like I said, I don't know the law on this. A lot of these things aren't cut and dry.
i would say you should find other day care services and ask them to try the same thing. if they're not allowed, THEN you have a complaint. but if the christian one is the only one handing out flyers just because they're the only one who thought of it, the problem really lies with the other options not being as determined to make themselves known. but there's a difference between something being inappropriate and simply being something you don't like.
I am going to find out if the policy really is what my friend who manages a day care says it is. Then I will find out if they got the appropriate approval.

True enough. I certainly am not an expert on the subject. And often the "experts" disagree on laws that seem clear cut. 


I was hoping that there had been a prior case that someone knew of to make it more clear. 



As long as they allow atheist daycare/ atheist camp or Muslim or Jewish daycare or camps literature to be distributed then it is legal.  My youngest got vacation bible school mailers mailed to our home. I called the church and they stated that they got the name and address from her school district. The district rep stated that by law they have to provide the information when asked. They can and do charge a fee for it.

I was hoping to test them and see if they would provide it for an Atheist organization mailing. Maybe Camp Quest.  Perhaps that is something you should do as well. Test them.


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