Horace Mann Elementary School in Huntington County, Indiana, allows a local church to provide an in-school religious indoctrination program to third- and fourth-grade students. Those who choose to participate in the program are released from school for one hour per week in order to attend the “By the Book Weekday Religious Instruction” provided by the Associated Churches of Huntington. “By the Book” classes take place in trailers on school property, use school electricity, and teachers lead participating students to the trailers for their hour of religious education. (source)
A student known by the initials “J.S.” and the student’s mother, “H.S.” filed suit against the school district claiming that the “By the Book” program violates the Establishment Clause. According to the complaint, students who do not participate in the program don’t simply attend school during that time, but no instruction is offered for those who decline to participate.
H.S. objects, on her own behalf and on behalf of her minor child to Huntington Schools allowing religious organizations to engage in religious instruction on school property, during school hours, using school utilities. (Complaint at 31)