Judge: School bible study should stop

FORT WAYNE, Ind. (WANE) -- - A U.S. Magistrate Judge is recommending a local bible study program not be allowed to be held on school grounds until court proceedings on a lawsuit involving the program are finished. That's according to a report filed in U.S. District Court in Fort Wayne.

The judge's recommendation came as an answer to a motion to suspend the Associated Churches "By the Book" program at Horace Mann Elementary in Huntington. Additionally, U.S. Magistrate Judge Roger Cosbey suggested the court deny the Huntington County Community School Corporation's motion to dismiss the lawsuit.

Both parties have ten days from official notification of the recommendations to respond before the court makes a final decision.

An unidentified parent filed the suit in November 2008. In it, she claims the bible study program violates her and her 8-year old son's First Amendment Rights because the school is using tax funded property for private bible-study sessions during school hours.

"By the Book" is a once-a-week, traveling bible-study program. Attorneys for the school said in a public hearing on January 21, that the program operates within the law and brings no harm to any child that is not participating.

The program has visted Huntington schools for more than 50 years, and has 97% participation rate. It operates in an unmarked trailer in school parking lots. Parents have to sign a consent form for their kids to be allowed to go to the 30-minute study session.

A state statute mandates schools allow 120 minutes of "release time" per week for students to practice their religion.