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Darling v. Bakersfield School District

Location:  Bakersfield City School District, California
Issue: Schools
Status: Open

Overview:

Two California sisters were given unexcused absences from school for leaving class to attend Ash Wednesday services.  While initially the school refused to acknowledge the illegal nature of their policy, after the Becket Fund threatened litigation the girls subsequently had the absences changed to excused on their permanent records. 

Detailed Summary:

Danielle and Alexandra Darling, sisters who attend school in the Bakersfield City School District left school at noon to attend Episcopal Ash Wednesday holiday services March 1, 2006.  Each was given an unexcused absense for practicing their faith.  On August 28, 2006, The Becket Fund send a letter to Bakersfield district complaint officer Linda Goodspeed, insisting that the district cease and decist from the practice of punishing students by giving them unexcused absences for religious observances.  Such practices are illegal, and in violation of the First Amendment of the U.S. Constitution.  The district responded by stubbornly reiterating that the Darling's observation of Ash Wednesday was not excused.

In response, the Becket Fund sent a second letter on October 4, demanding that the school "immediately correct the official records of Danielle and Alexandra Darling to indicate that their absence...was excused," and also "immediately revise its policies" regarding absences for religious observations.  The Becket Fund made it clear that inaction in either of these regards would be unacceptable, and would put the school in serious risk of a lawsuit.

On October 9, Bakersfield City School District Superintendent Michael Lingo sent a fax to the Becket Fund confirming that the absences on March 1 have been corrected to read as "excused" absences.

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