A school district debates a name, a viewer wonders what's legal.
By Diana Fairbanks
Tuesday, September 01, 2009 at 1:49 p.m.
Read more: Local, Education, Petoskey, School, Break, Winter, Christmas, Fact Finder, Diana Fairbanks, Fact Finder
Summer vacation isn't over yet, but one northern Michigan school district is all a buzz about the next vacation.
The Petoskey School Board recently recommended to re-name its "winter holiday break" to "Christmas Break."
That has a lot of people asking what's right, and prompted a viewer to ask what's legal.
The answer is tonight's Fact Finder Report.
Soon students will be filling the halls of Petoskey Public Schools, many of them counting the days until their next vacation. That's the one that falls at the end of December. But what do you call it? Right now it is technically "winter holiday break." But recently while school board members were working in closed session on collective bargaining, members voted unanimously to recommend to re-name it on the calendar "Christmas Break."
Superintendent Dr. John Scholten says the name change can't be finalized until the calendar and teacher's contract are ratified, but a viewer asked us if it's even legal? What about separation of church and state? Good question.
I contacted the Michigan Department of Education and the Michigan Association of School Boards for the answer. Here's what I found out. Yes it is legal, and here's why.
Both the MDE and the MASB agree that there is no law against it. Brad Banasik, the legal counsel for the MASB says there have been no challenges to school districts naming the vacation in December "christmas Break" and if there were, they wouldn't be upheld.
He says there are two reasons for that. One, congress has declared Christmas a national holiday. And state law says schools can't be in session on Christmas Day. Basically since the law identifies Christmas, schools can refer to the break as "Christmas break."
But not many do.
In northern Michigan more schools than not refer to that vacation as winter, or holiday break.
In Petoskey, while it is a hot topic, it's not a done deal. Superintendent Scholten says it can't be finalized until the teacher's contract is ratified. The next meeting is scheduled for September 17th.
What do you think about it? Should it be named Winter break to be more inclusive, or has political correctness gone to far, should schools call it Christmas break?
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