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The Americans United for Separation of Church and State watchdog group wants Spearville Elementary School to remove the cross on top of an elementary school in Kansas.
On Monday, the Board of Education informally agreed to not take action unless there is a lawsuit filed.
The group says the cross violates the First Amendment.
Americans United for Separation of Church and State reached out to Superintendent Daryl Stegman and Principal Marvin Hartzler in November as a response to a resident’s complaint.
"It has been the consensus of the Board of Education to take no action at this time…appears the community supports leaving the cross," said Stegman in an interview with The Christian Post.
The attorney for the group, Ian Smith, said, "Students don't have a choice to be there. Something that might be OK elsewhere is not necessarily going to be OK in a public school. The public schools have traditionally been treated different than other places,” writes The Dodge City Daily Globe.
Spearville Elementary School is kindergarten through fifth grade and is the only public elementary school in that district.