Attorney says policies restricting LifeWise, like those in Columbus schools, could violate First Amendment

COLUMBUS, Ohio (WCMH) – LifeWise Academy's attorneys are challenging religious release time policy recommendations, warning they could lead to lawsuits for school districts like Columbus City Schools.

First Liberty Institute is representing biblical education provider LifeWise in its fight against Neola, the North East Ohio Learning Associates. Neola, an educational policy consultant group, received a letter Wednesday from First Liberty that alleged its sample religious release time policies violate the First Amendment. The letter warned school districts that implement Neola's policies could face litigation.

“What Neola is doing, and other school districts seem to want to do, is throwing a bunch of tacks in the road for parents to be able to access released time education, and that they cannot do,” Jeremy Dys, First Liberty’s senior counsel, said.

Neola provides sample policies and advice to more than 500 Ohio schools, including many in central Ohio. Senior adviser Patrick Corbett said Neola did not require any districts to implement any policy. He said Neola simply offers a variety of suggestions and told clients to be prepared to defend their choices if they choose a more involved RTRI policy.

Neola has offered guidance on religious release, or short-term absences for religious instruction during the school day, since 2016, but the need for policy guidance recently intensified in Ohio. As of April 9, all public schools are required to implement policies permitting religious release time instruction.

Ohio law requires districts to collaborate with providers to schedule release time, but otherwise leaves district policy obligations fairly open-ended. The law allows districts to require background checks for instructors and volunteers and says boards of education shall determine how those checks are conducted.

Dys said there is nothing in Ohio law permitting school districts to take liberties with their policies. However, there is also nothing prohibiting them from doing so.

"Whether it is materials being sent home through release time education or other levels of bureaucracy that are not mandated under this statute, school districts are taking an inch of authority and turn it into a mile of power to prevent release time education from going forward at all," Dys said.

LifeWise voiced concerns with three facets of Neola's sample policy, which have already been implemented in districts like Columbus, Upper Arlington and Worthington schools. In turn, Neola alleged LifeWise's legal challenge failed to meet legal requirements.

"My sense from the latest volley of correspondences is that providers want to tell districts what to do, which is not collaboration,” Corbett said.

LifeWise alleges policies that ban groups from distributing trinkets, candy or other materials violate the First Amendment by not extending the same restrictions to other groups. Corbett said Neola did not force any schools to implement that restriction but said districts have a right to set policies.

On April 10, Ohio Attorney General Dave Yost acknowledged districts have freedom to dictate their policies but cautioned against inhibiting any religious group's operations. Yost said banning distribution of materials prevents programs from sending literature, lesson books or Bibles home with students, which could violate the First Amendment if these restrictions are not mirrored for secular organizations.

“We did not suggest -- and I don’t believe districts are -- imposing any restrictions on what organizations do within the confines of their programs off campus,” Corbett said.

Critics of LifeWise have claimed sending candy or toys back with students can be distracting and makes nonparticipating kids feel left out. Dys placed the responsibility to limit distractions back on teachers.

"This would be second nature to teachers and administrators across the state of Ohio," Dys said. "They don't need to resort to censoring otherwise protected First Amendment activity, and that's precisely what Neola has recommended that school districts do."

Ohio's biggest school district, Neola client Columbus City Schools, implemented a policy banning these handouts in March. At the time, LifeWise CEO and Founder Joel Penton said the requirements would not change parents' reasons for sending students to LifeWise.

Ohio has few laws dictating what religious organizations can and cannot do. Generally, case law says districts cannot make rules that only apply to religious expression. Under those interpretations, districts could only make rules for groups if they also apply to other groups that take students out of the school day with parent permission.

LifeWise also voiced concerns about Neola's background check policies, which said a district could refuse to release students to an organization that does not complete a "satisfactory" background check. Dys said the word “satisfactory” is too subjective and could allow districts to use the term to stop RTRI participation entirely.

Corbett said they included those provisions because the law specifically allowed them to require background checks. He said they based the language off what Neola uses for its employees.

LifeWise proposed replacement policies requiring annual confirmation that it has completed criminal background checks and no workers have criminal convictions that would result in a teacher losing their license.

LifeWise already completes background checks for all of its volunteers and instructors. However, parents voiced concerns about these background checks last July when NBC4 revealed a LifeWise director had been fired from an Ohio school and surrendered her license after allegedly sexting a minor student.

Ohio law prohibits students from leaving during a core curriculum subject course, but districts have some freedom to determine what qualifies. One Neola policy suggestion reads, "The Board deems all graded courses to be core curriculum." This could leave lunch or recess in theory, but Dys said it could also be used to stop organizations from operating altogether.

Dys said districts with policies like these on the books should consider the letter to Neola as a "warning."

"They have an opportunity to correct that behavior and open up into the avenues to release time education that the legislature clearly mandated," Dys said. "If they choose to do otherwise, then that liability remains."

First Liberty requested a response from Neola within 30 days, including a list of all districts that have adopted Neola's policy or received advice from Neola on their policies. Corbett said he did not think such a list existed.

NBC4 reached out to LifeWise, Worthington schools and Columbus for comment but did not receive responses.