LITTLE ROCK — A state lawmaker said Wednesday he is calling on the Legislature to reject a proposed rule prohibiting state funding for pre-kindergarten education from being used to support religious activities.
Rep. Justin Harris, R-West Fork, who owns the Growing God’s Kingdom preschool in West Fork, said he has no immediate plans to sue the state over the rule, but he did not rule out the possibility of a lawsuit in the future.
The state Department of Human Services drafted the proposed rule, which was unveiled Jan. 24, after the Washington-based group Americans United for the Separation of Church and State complained that Harris’ school was using state funds from the Arkansas Better Chance program to promote religion.
The proposed rule states that “all ABC instruction and instruction materials must be secular and neutral with respect to religion” and that “no religious activity may occur during any ABC day.”
It defines an ABC day as seven hours beginning with the first ABC activity of the day.
Independent reporting for Pine Bluff & Jefferson County since 1879.
The proposal must go through a public comments period and a legislative review. It also requires the approval of the state Board of Education.
“What I’d like to see the Legislature do is continue as they’re doing, not change the rules. Leave them the same,” Harris told reporters in a news conference at state Republican Party headquarters in Little Rock.
“And if (Americans United) wants to sue the state, which they will anyway, let them sue them and let’s fight them. Let’s say we’re not going to have an outside group tell us what to do,” he said.
An Americans United spokesman did not immediately return a message left on his voicemail Wednesday afternoon.
Harris held the news conference after a meeting with DHS officials that also was attended by attorneys with the Allied Defense Fund of Scottsdale, Ariz., which Harris said is representing him. He said he has decided not to file a lawsuit now, but if the rule goes into effect, “then a decision will be made between myself and ADF … to see where we’re going to go from here.”
Harris also said that for now his teachers will read Bible stories to children only after the ABC day. Prayers and Christian songs during the day will be student-led only, he said.
DHS drafted the rule to ensure that state money is not used in violation of the First Amendment. Harris said his interpretation of the amendment is different from DHS’ interpretation.
“There is no separation from church and state,” he said. “It’s not freedom from religion, it’s freedom of religion.”