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A lawyer for the Charlotte (Mich.) Board of Education has filed a motion asking the Michigan Supreme Court to reconsider its ruling that the state's public schools must open "nonessential" courses to local The court ruled in Snyder v. Charlotte Public School District that the state school code mandates such shared-time programs. Thomas J. Nordberg said he asked for the rehearing because the court made its decision based on facts that neither party argued or presented for the record in the case. He said he wants an opportunity to address the issue of whether the school code mandates shared time in nonessential public-school courses.

Mr. Nordberg contends the district does not offer any nonessential courses. "How do you determine a nonessential course from an essential one?" Mr. Nordberg asked. "It can't be done." will A Rhode Island school that seats students who buy their lunch apart from those who bring it is not violating federal laws that prohibit separate dining areas for students in federal lunch programs, the U.S. Department of Agriculture has ruled.

The Rhode Island chapter of the American Civil Liberties Union had filed a complaint with the usda, contending that students forced to sit on one side of the Saylesville Elementary School cafeteria would "in the long run be identified" as school-lunch-program participants. (See Education Week, Oct. 3, 1984.)

But according to Lawrence Cavallaro, former acting deputy director of the u.s.d.a.'s office of equal opportunity, "the determination was 'no,' they could not be distinguished."

Steven Brown, executive director of the Rhode Island a.c.l.u., criticized the ruling and said his group has asked the u.s.d.a. for a clarification.

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