Ms. Susan Zlotlow
          Director 
          Office of Program Consultation and Accreditation 
          American Psychological Association 
          750 First Street, N.E. 
          Washington, D.C. 20002-4242

Dear Ms. Zlotlow:

I am writing to express the Department's deep concern            over the American Psychological Association's (APA) proposal to eliminate            "Footnote 4" from its accreditation standards for psychology programs.

As you know, this country has a long history of ensuring            and protecting religious liberty. The First Amendment of the Constitution            protects the rights of Americans to freely exercise their religious            beliefs. Title VII of the Civil Rights Act of 1964 acknowledges the            appropriateness of allowing employers (including educational institutions)            controlled by religious organizations to hire only members of that religion.            42 USC 2000e-2(e) Similarly, Title IX of the Education Amendments of            1972 provides an exemption to educational institutions controlled by            a religious organization whose tenets conflict with the requirements            of Title IX, and the Americans with Disabilities Act permits religious            entities to give preference in employment to individuals of a particular            religion and permits such entities to require applicants and employees            to conform to the religious tenets of the organization. 20 USC 1681(a)(3);            42 USC 12113(c).

In addition, the Nation has long benefited greatly from            the many contributions made by America's numerous religious colleges.            We believe these colleges play a very important role in higher education            generally, and in ensuring a diverse array of educational and career            opportunities for all students. Footnote 4 recognizes this important            educational role served by psychology departments at religious colleges            and allows them to be judged pursuant to the APA's criteria, while retaining            their ability to administer their admissions and hiring policies in            keeping with their religious tenets.

If the APA were to remove Footnote 4 from its accreditation            standards, it would be acting inconsistently with this long tradition            of ensuring and protecting religious liberty. Specifically, over the            past several years, Footnote 4 has made clear that religious institutions            will be exempt from diversity requirements that interfere with a religious            institution's right to define its religious character and teachings.            Without Footnote 4, a religious institution seeking APA accreditation            of its psychology programs would be                  faced with the choice of either conforming to the APA diversity requirements,            and having to potentially compromise the religious institution's principles,            or foregoing accreditation by the APA.

As you know, the Department of Education has recognized the APA for            a number of years as an approved accrediting association for psychology            programs. See 20 U.S.C. §1099b(m) (Secretary recognizes accrediting            agencies exclusively to establish eligibility of schools to participate            in federal programs); 34 C.F.R. §602.10 (accrediting agencies provide            "required element" for schools to participate in federal programs).            See also 20 U.S.C. §1099b(a) (recognized accrediting agencies must be            "reliable authorities"); 34 C.F.R. §602.1 (same). As we understand it,            currently, both the Department of Health and Human Services' Public            Health Service and the Department of Veterans Affairs have policies            requiring psychologists to have graduated from an approved APA program            in order to be employed as psychologists by those agencies.

Therefore, if the APA were to deny accreditation to a religious institution            for following its religious tenets in admissions or hiring, the Department            of Education's recognition of the APA could have the effect of barring            an individual who attended that religious institution from serving in            those agencies solely because the individual graduated from a religious            institution that was acting in accordance with its Constitutionally            protected religious freedom. In this way, the Department could effectively            be interfering with both students' choice regarding attendance at a            religious college and with the religious communities' selection and            education of their current and future leaders: the people who serve            now, or are being trained to serve later, as ministers, pastoral counselors            and psychological educators. Such a situation not only would be contrary            to the APA's current policy under Footnote 4, but it also would raise            serious questions under the Religious Freedom Restoration Act (RFRA),            as recently amended, which prevents the Department of Education from            "substantially burden[ing] a person's exercise of religion...." 42 USC            2000bb-1(a) (2000).

For these reasons, I urge the APA to retain Footnote 4.

| | Sincerely,
              /s/
              William D. Hansen
| | ------------------------------------------------------------

cc: Judith Strassburger

|Last Modified: 09/15/2004
|-------------------------