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School District Violated Private Religious Programs First Amendment Rights By Limiting Access to School Forum

By May 7, 2026May 13th, 2026The Extra Mile Newsletter

A United States District Court for the Western District of Washington ruled that the Everett Public School District in Washington likely violated the First Amendment by imposing stricter rules on LifeWise, a religious release-time program, than on comparable secular organizations. The court held that the district’s exclusion of LifeWise from school-related forums, its allegedly burdensome weekly permission-slip requirements, and its restrictions on students’ access to LifeWise materials were not applied neutrally and therefore likely amounted to unconstitutional viewpoint discrimination.

LifeWise, a nonprofit that provides off-site religious instruction during the school day with parental permission, sued the district after new policies limited its ability to operate. These included weekly permission-slip requirements naming a single pickup adult, exclusion from the district’s community resource fair, restrictions on displaying flyers (including requiring removal of a photo of a child praying), and a rule requiring students to keep LifeWise materials sealed in their backpacks. The court found that the district’s actions amounted to viewpoint discrimination and were influenced by allegedly documented hostility toward LifeWise expressed by board members.

However, the court did not grant LifeWise everything it requested. The judge declined to issue a broad order requiring the district to treat LifeWise exactly the same as every other organization that receives custody of students during the school day, noting that schools retain authority to maintain reasonable safety and release procedures. It also found that the permission-slip policy placed a burden on families and caused students to miss classes. As a result, the district must now: (1) allow LifeWise to participate in community resource fairs; (2) allow LifeWise flyers, including those with religious imagery, where secular groups may post; (3) permit semester long permissions and allow up to four named adults to pick up students; and (4) allow students to read LifeWise materials during free periods just as they may read other non school materials.

This case highlights issues Illinois school districts routinely navigate when community groups seek access to students or school communication channels. LifeWise operates in several Illinois school districts currently. Once a district opens a forum, it must apply its rules consistently and without singling out religious groups. It also serves as a reminder that permission-slip procedures, event participation rules, and flyer policies must be grounded in neutral, operational needs, not in the organization’s viewpoint. For Illinois administrators, the case reinforces how uneven enforcement or ad hoc restrictions can create First Amendment risk.

Contact any of our Student/Special Education Practice Group attorneys with inquiries regarding the LifeWise decision or other issues involving religion in schools that may be impacting your district.

Source: LifeWise Inc. v. Everett Pub. Sch. Dist., No. 2:25‑cv‑02604‑LK (W.D. Wash. Apr. 28, 2026)