Respect Public Schools - Speak Out Against LifeWise Academy

Full Law Text Link to State Law

Section 16-1-20.6 Released Time for Student Participation in Religious Instruction.

(a) This section shall be known and may be cited as the Alabama Released Time Credit Act.
(b) The Legislature finds and declares all of the following:
(1) That the United States Supreme Court, in its decision in Zorach v. Clauson, 343 U.S. 306 (1952), upheld the constitutionality of released time programs for religious instruction for public school students during the school day.
(2) That the United States Constitution and state law allows local school districts to offer religious released time education for the benefit of public school students.
(3) That the purpose of this section is to incorporate a constitutionally acceptable method of allowing school districts to offer released time classes and, in grades where credit is earned, to award students elective credit for classes taken during the school day in released time programs.
(c) As used in this section, the term released time means a period of time during the school day when a student is allowed to participate in an elective course in religious instruction, conducted off school district property, by a private entity.
(d) The State Board of Education shall adopt and each local board of education may implement a policy for a student to attend released time as an elective course if all of the following are satisfied:
(1) The parent or guardian of the student gives written consent.
(2) The sponsoring entity maintains attendance records and makes them available to the public school the student attends.
(3) The sponsoring entity makes provisions for and assumes liability for the student who is excused for released time.
(4) No public funds are expended other than de minimis administrative costs.
(5) No public school personnel are involved in providing the religious instruction.
(e) In grades where credit is earned, a student who participates in released time may earn elective course credit for participation, as provided by rules adopted by the State Board of Education for elective courses. Credit awarded may not exceed normal credit given for an elective course in the particular school system. The State Board of Education shall also adopt minimum standards for class attendance necessary to qualify for credit.
(f) A student who participates in religious instruction for elective credit during released time shall be credited with time spent as if the student attended school, and the time shall be calculated as part of the actual school day.
(g) Transportation to and from the place of released time, including transportation for any student with disabilities, is the complete responsibility of the sponsoring private entity, parent, guardian, or student and may not be arranged, coordinated, or provided for by public school personnel.
(h) No student may be released from a required core curriculum class to attend released time.

(Act 2019-281, §§1-3.)

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

15-806. Excuse from school attendance

A. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils for religious purposes. The policy may permit a pupil to be excused from school attendance for religious purposes, including participation in religious exercises or religious instruction. If the policy permits a pupil to be excused for religious purposes, the policy shall stipulate the conditions under which the excuse will be granted. These conditions shall include at least the following:

1. The person who has custody of the pupil has given written consent.
2. Any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group.

Notes

HB 2266 Changes Arizona from a "May" state to a "Shall" foercing school districts to work with Lifewise. https://apps.azleg.gov/BillStatus/BillOverview/83991?SessionId=130

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

ARTICLE 2. Absences [46010 - 46015] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

46014.
Pupils, with the written consent of their parents or guardians, may be excused from school in order to participate in religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination, which shall be in addition and supplementary to the instruction in manners and morals required elsewhere in this code. Such absence shall not be deemed absence in computing average daily attendance, if all of the following conditions are complied with:

(a) The governing board of the district of attendance, in its discretion, shall first adopt a resolution permitting pupils to be absent from school for such exercises or instruction.

(b) The governing board shall adopt regulations governing the attendance of pupils at such exercises or instruction and the reporting thereof.

(c) Each pupil so excused shall attend school at least the minimum school day for his grade for elementary schools, and as provided by the relevant provisions of the rules and regulations of the State Board of Education for secondary schools.

(d) No pupil shall be excused from school for such purpose on more than four days per school month.

It is hereby declared to be the intent of the Legislature that this section shall be permissive only.

(Enacted by Stats. 1976, Ch. 1010.)

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

(b) Each district school board, in accordance with rules of the State Board of Education, shall adopt policies authorizing a parent to request and be granted permission for absence of a student from school for:
1. Religious instruction or religious holidays.

Notes

(b) Each district school board, in accordance with rules of the State Board of Education, shall adopt policies authorizing a parent to request and be granted permission for absence of a student from school for: 1. Religious instruction or religious holidays.

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

[§302A-1139] Religious education. (a) The department shall provide for the release of, and shall release, any pupil in any public school from attendance at the public school for a period not to exceed sixty minutes each week during the school year, on such days and during such school hours as the department shall designate, for the purpose of receiving religious instruction from the religious organization of the pupil's choice when the release is requested in writing by a parent, guardian, or other person having custody or control of the pupil. Actual attendance at the sessions of the religious instruction shall count as attendance at the public schools for all purposes where attendance forms the basis of computation.

(b) The privilege of this release shall be withdrawn by the department in case the pupil does not actually attend the sessions of religious instruction. No teacher of the public schools shall participate in religious instruction during the school hours for which the teacher is employed to teach in the public schools, and no public funds shall be used directly or indirectly for religious instruction, at any time when its use would otherwise be required in connection with the regular program of the school. [L 1996, c 89, pt of §2]

Notes

Full Law Text Link to State Law

220. RELEASE TIME PROGRAM FOR ELEMENTARY AND SECONDARY SCHOOLS.

Public elementary and secondary school programs that permit the practice of releasing students from school for the
purpose of attending classes in religious education or for other purposes must develop policies that include the
following: (4-6-23)

01. Scheduling. The local school board will have reasonable discretion over the scheduling and timing
of the release program. Release time programs may not interfere with the scheduling of classes, activities and
programs of the public schools. (3-15-22)

02. Voluntary Decision. The decision of a school district to permit release time programs for
kindergarten through grade eight (K-8), as well as the decision of individual students to participate, must be purely
voluntary. (3-15-22)

03. Time Limit. Release time will be scheduled upon the application of a parent or guardian of a
student in grades nine through twelve (9-12), not to exceed five (5) periods per week or one hundred sixty-five (165)
hours during any one (1) academic school year. Students with a graduation plan that allows the student to meet the
minimum state graduation requirements and graduate within four (4) years may be granted additional release time at
the discretion of the local education agency. (4-6-23)

04. Location. Release time programs will be conducted away from public school buildings and public
school property. (3-15-22)

05. Request by Parent. No student will be permitted to leave the school grounds during the school day
to attend release time programs except upon written request from a parent or guardian filed with the school principal.
Such written request by the parent will become a part of the student’s permanent record. (3-15-22)

06. Record Maintenance. The public school will not be responsible for maintaining attendance
records for a student who, upon written request of a parent or guardian, is given permission to leave the school
grounds to attend a release time program. The school district will maintain a record of each student’s daily schedule
that indicates when a student is released for classes in religious education or for other purposes. (3-15-22)

07. Liability. The school district is responsible for ensuring that no public school property, public
funds or other public resources are used in any way to operate these programs. The school district is not liable for any
injury, act or event occurring while the student participates in such programs. (3-15-22)

08. Course Credit. No credit will be awarded by the school or district for satisfactory completion by a
student of a course or courses in release time for religious instruction. Credit may be granted for other purposes, at the
discretion of the local school board. (3-15-22)

09. Separation From Public Schools. Public schools will not include schedules of classes for release
time programs in school catalogs, registration forms or any other regularly printed public school material.
Registration for release time programs must occur off school premises, and must be done on forms and supplies
furnished by the group or institution offering the program. Teachers of release time programs are not to be considered
members of any public school faculty and should not be asked to participate as faculty members in any school
functions or to assume responsibilities for operation of any part of the public school program. (3-15-22)

10. Transportation Liability. Public schools and school districts will not be liable or responsible for
the health, safety and welfare of students while they are being transported to and from or participating in release time
programs. (3-15-22)

Notes

Full Law Text Link to State Law

(105 ILCS 5/26-1) (from Ch. 122, par. 26-1) Sec. 26-1. Compulsory school age; exemptions. Whoever has custody or control of any child (i) between the ages of 7 and 17 years (unless the child has already graduated from high school) for school years before the 2014-2015 school year or (ii) between the ages of 6 (on or before September 1) and 17 years (unless the child has already graduated from high school) beginning with the 2014-2015 school year shall cause such child to attend some public school in the district wherein the child resides the entire time it is in session during the regular school term, except as provided in Section 10-19.1, and during a required summer school program established under Section 10-22.33B; provided, that the following children shall not be required to attend the public schools:

5. Any child absent from a public school on a particular day or days or at a particular time of day for the reason that he is unable to attend classes or to participate in any examination, study, or work requirements on a particular day or days or at a particular time of day because of religious reasons, including the observance of a religious holiday or participation in religious instruction, or because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day. A school board may require the parent or guardian of a child who is to be excused from attending school because of religious reasons to give notice, not exceeding 5 days, of the child's absence to the school principal or other school personnel. Any child excused from attending school under this paragraph 5 shall not be required to submit a written excuse for such absence after returning to school. A district superintendent shall develop and distribute to schools appropriate procedures regarding a student's absence for religious reasons, how schools are notified of a student's impending absence for religious reasons, and the requirements of Section 26-2b of this Code;

Notes

Full Law Text Link to State Law

IC 20-33-2-19 Attendance; public school children; religious instruction
Sec. 19. (a) When the parent of a student who is enrolled in a public school provides written notice, the principal shall allow the student to attend a school for religious instruction that is conducted by a church, an association of churches, or an association that is organized for religious instruction and incorporated under Indiana law.

(b) After receiving notice under subsection (a) and subject to subsection (c), the principal shall work in a collaborative manner with the parent or entity offering religious instruction to provide assistance in determining a period or periods for the student to receive religious instruction. An entity offering religious instruction to a student as described in this subsection shall, as applicable, work in a collaborative manner with the principal to ensure the period or periods in which the student receives religious instruction are the least disruptive to the instructional time (as defined in IC 20-30-2-1) of the student. The notice is valid only for the school year in which it is provided.

(c) The period or periods that a student receives religious instruction under this section may not exceed the following:

(1) For students in elementary school, one hundred twenty (120) minutes in total in any week.

(2) For students in public secondary school, the amount of time that is equivalent to attending one (1) elective course at the public secondary school during the week.

(d) An entity providing religious instruction that receives students under this section:

(1) shall maintain attendance records and allow inspection of these records by attendance officers; and

(2) may not be supported, in whole or in part, by public funds.

(e) A student who attends a school for religious instruction under this section shall receive the same attendance credit that the student would receive for attendance in the public schools for the same length of time.

(f) A public secondary school may award academic credit to a student who attends religious instruction under this section if the following conditions are met:

(1) The entity that provides religious instruction to a student of a school corporation under this section agrees to do the following:

(A) Conduct an expanded criminal history check and expanded child protection index check regarding each employee or contractor of the entity who is likely to have direct, ongoing contact with students of the school corporation who are children within the scope of the individual's employment or contract services.

(B) Hold liability insurance coverage for services or transportation provided outside school property (as defined in IC 20-33-8-5).

(2) The governing body of the school corporation adopts a policy that allows the awarding of credit. A policy adopted under this subsection must provide the following:

(A) Classes in religious instruction are evaluated on the basis of purely secular criteria in substantially the same manner as similar classes taken by a student at a nonpublic secondary school who transfers to a public secondary school are evaluated to determine whether the student receives transfer credit for the classes. Secular criteria may include the following in addition to other secular criteria established by the governing body:

(i) The number of hours of classroom instructional time.

(ii) A review of the course syllabus that reflects the course requirements and materials.

(iii) Methods of assessment used in the course.

(iv) Whether the course is taught by a licensed teacher.

(B) The decision of whether to award academic credit is neutral as to, and does not involve any test for, religious content or denominational affiliation.

(C) A provision that a student who attends religious instruction under this section shall first seek to use a time period during a student instructional day (as defined in IC 20-30-2-2) that is not devoted to student instructional time to attend religious instruction. If a student is not able to attend religious instruction at a time other than during student instructional time, the student may not be released to attend religious instruction for an amount of time per week that exceeds the amount established in subsection (c).

A student may be awarded a total of not more than two (2) elective academic credits under this subsection.

Notes

Full Law Text Link to State Law

299.1D Absences related to courses in religious instruction.

1. Section 299.1 shall not apply to a child while the child is attending a course in religious
instruction that is provided by a private organization if all of the following requirements are
satisfied:
a. The child's parent, guardian, or legal or actual custodian of the child, if the child is
not an emancipated minor, or the child, if the child is an emancipated minor, must submit a
notification to the public school or accredited nonpublic school informing the school that the
child will attend a course in religious instruction during the school day.
b. The course in religious instruction must not require the child to be absent from school
for more than five hours per week.
c. The private organization that provides the course in religious instruction must maintain
attendance records and must make the attendance records available to the school district
or accredited nonpublic school to verify when the child is attending a course in religious
instruction.
d. Transportation related to the course in religious instruction must be provided by the
private organization, the child's parent, guardian, or legal or actual custodian, or the child.
e. The private organization must make provisions for and assume liability for the child
while the child is attending the course in religious instruction.
f. The school district or accredited nonpublic school must not expend any moneys
related to the course in religious instruction, not including de minimis administrative costs
associated with processing notifications received under paragraph “a” and tracking the
child's attendance to ensure compliance with this section.
g. The course in religious instruction must not be held on school district property unless
authorized by the board of directors of the school district pursuant to section 297.9.
h. The child must agree to make up any school work that the child does not complete
while attending the course in religious instruction.
2. Each school district and each accredited nonpublic school shall, upon the request of a
child's parent, guardian, or legal or actual custodian, if the child is not an emancipated minor,
or the child, if the child is an emancipated minor, excuse the child from attendance for at least
one hour per week, but for not more than five hours per week, so that the child can attend a
course in religious instruction if all of the requirements under subsection 1 are satisfied.
3. A child's parent, guardian, or legal or actual custodian of the child, if the child is not
an emancipated minor, or the child, if the child is an emancipated minor, who alleges that
a school district has violated this section may bring a civil action for injunctive relief and
actual damages against the school district. If the child's parent, guardian, or legal or actual
custodian, or the child, is the prevailing party in a civil action instituted pursuant to this
subsection, the court shall award reasonable court costs and attorney fees to the child's
parent, guardian, or legal or actual custodian, or the child, as applicable.

299.12 Failure to attend.

a. “Chronically absent” means any absence from school for more than ten percent of the
days or hours in the grading period established by a public school; provided, however, that
an absence from school that is related to attending a course in religious instruction pursuant
to section 299.1D shall not count toward this amount.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

158.200 Moral instruction -- Conditions -- Quarterly reports.
(1) The boards of education of local school districts may provide an opportunity for
pupils to attend moral instruction in their jurisdiction, in the manner provided in this
section.
(2) (a) Local boards of education shall allow pupils to be excused for up to one (1)
hour on no more than one (1) day each week, which shall include time
attributed to travel to and from, to attend a district-approved request for a
moral instruction offering upon receiving the consent of the pupil's parent or
guardian.
(b) Moral instruction provided under this section shall not take place on school
property.
(c) Pupil participation in moral instruction shall be voluntary and free from
coercion by school personnel.
(d) Moral instruction shall be given without expense to any local board of
education above de minimis administrative expenses incurred in carrying out
this section.
(3) An individual, organization, entity, or any combination thereof seeking to provide a
moral instruction offering for pupils shall submit a written, signed request to the
local board of education of a school district regarding the proposed moral
instruction offering. The request shall include:
(a) Contact information for the primary individual who will be providing the
moral instruction, as well as all other individuals who may be transporting
pupils or providing moral instruction to students through the offering;
(b) A statement acknowledging and agreeing to be bound by the requirements
placed upon moral instruction offerings under this section;
(c) The address or a description of the location where the moral instruction will
be provided;
(d) A transportation plan to ensure the safety of pupils while traveling to and
from moral instruction within the allotted time period;
(e) A statement acknowledging and agreeing to inform the parent or guardian of a
participating pupil that the school district and its employees and agents shall
not incur any liability as a result of any injury sustained by the pupil related to
participation in the moral instruction offering;
(f) A statement acknowledging and agreeing to indemnify and hold harmless the
school district and its employees and agents against any claims relating to the
moral instruction offering or transportation to or from the offering; and
(g) Proof of insurance coverage to be carried by the provider that shall include
adequate insurance for liability, property loss, and personal injury of students
related to the moral instruction offering or transportation to or from the
offering.
(4) (a) Upon receipt of a request under subsection (3) of this section, the local board
of education may make arrangements with the person seeking to provide the
moral instruction offering as the local board deems necessary.
(b) Upon approval by the local board of a request under this section, the
superintendent of the school district shall require each individual identified in
the request to submit to a national and state criminal history background
check by the Department of Kentucky State Police and the Federal Bureau of
Investigation and have a clear CA/N check, provided by the individual,
consistent with the provisions of KRS 160.380(6). The individuals, or the
organization or entity through which the moral instruction offering will be
provided, shall be responsible for all costs associated with obtaining the
criminal history and CA/N checks under this paragraph.
(c) As a condition of the agreement between the local board and a provider, the
local board shall require that any individual identified in the request under
subsection (3) of this section be barred from providing transportation or
participating in moral instruction offerings under this section upon receipt by
the school district of a report documenting a record of:
1. Child abuse or neglect;
2. A sex crime or criminal offense against a victim who is a minor, as
defined in KRS 17.500; or
3. A violent crime as defined in KRS 17.165;
by the individual. The prohibition shall continue until the local board receives
an updated record for that individual that does not contain a disqualifying
item.
(5) A pupil who attends a moral instruction offering at the time specified and for the
period fixed shall be:
(a) Credited with the time of attendance as if he or she had been in actual
attendance in school, and the time shall be included as part of the actual
school work required in KRS 158.060. A pupil shall not be penalized for any
school work missed during the specified time; and
(b) Included in calculating the average daily attendance for the Support Education
Excellence in Kentucky program as if the pupil was in actual attendance in
school.
(6) A pupil who does not participate in a moral instruction offering shall remain in
school during the time when the instruction is being given, and shall take noncredit
enrichment courses or participate in educational activities not required in the
regular curriculum, and that time shall be included as part of the actual school work
required in KRS 158.060. Students of different grade levels may be placed into
combined classrooms in accordance with maximum class size allotments as
described in KRS 157.360. These courses or activities shall be supervised by
certified school personnel and may include but are not limited to study hall,
computer instruction, music, art, library, physical education, and tutorial assistance.
(7) A school district shall not discriminate against a pupil for his or her participation or
nonparticipation in a moral instruction offering.
(8) (a) Each local board of education shall submit the following information
quarterly to the Kentucky Department of Education:
1. The name of each applicant that submitted a request to provide a moral
instruction offering;
2. The date of the application;
3. The local board's approval or denial of the application; and
4. If the request was denied, the reason for the denial.
(b) The Kentucky Department of Education shall compile the quarterly reports
required by this subsection and submit a combined report to the Legislative
Research Commission no later than December 1 of each year for referral to
the appropriate Interim Joint Committee on Education.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 111, sec. 2, effective June 27, 2025. -- Amended
1990 Ky. Acts ch. 476, Pt. IV, sec. 206, effective July 13, 1990. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4363-7a.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

§1224-A. Release time for religious observance

Public school students who participate in a course of moral instruction or a religious observance at their place of worship or other suitable place may be granted release time for the period actually spent on that instruction or observance, up to a maximum of one hour per week. The granting of release time shall be at the option of the local school unit and shall not result in any additional cost to the local school unit. Release time shall be granted in accordance with policies established by the local school unit. [PL 1983, c. 767, §3 (NEW).]

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

General Laws > Part I > Title XII > Chapter 76 > Section 1

Absences may also be permitted for religious education at such times as the school committee may establish; provided, that no public funds shall be appropriated or expended for such education or for transportation incidental thereto; and provided, further, that such time shall be no more than one hour each week.

Notes

Full Law Text Link to State Law

380.1561 Compulsory attendance at public school; enrollment dates; exceptions.
Sec. 1561.

(3) A child is not required to attend a public school in any of the following cases:
(d) The child is regularly enrolled in a public school while in attendance at religious instruction classes for not more than 2 class hours per week, off public school property during public school hours, upon written request of the parent, guardian, or person in loco parentis.

Notes

Full Law Text Link to State Law

120A.37 ATTENDANCE PROVISIONS CODED ELSEWHERE.

Subd. 8.Absences. (a) A parent or guardian may apply to a district to have a child excused from attendance, and the district may approve the application in accordance with section 120A.22, subdivision 12. An excused absence may include absence so that the child may attend, for up to three hours a week, instruction by a Tribal spiritual or cultural adviser, or a school for religious instruction. Section 120A.22, subdivision 12, identifies the persons to whom a parent may apply for an excused absence.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

20-1-308. Religious instruction released time program -- academic credit.

(1) The trustees of a school district shall provide for a religious instruction released time program under which a pupil must be released from regular school attendance for the purpose of receiving religious instruction upon written request, renewed at least annually, of the pupil's parent or guardian. The trustees shall determine the amount of time, not less than 1 hour a week, for which a pupil may be released for religious instruction.

(2) A religious instruction released time program may not be established or administered in such a way that public school property is utilized for the purpose of religious instruction.

(3) Public money may not be used, directly or indirectly, for the religious instruction.

(4) Any period for which a pupil is released under a religious instruction released time program is part of the school day and week for purposes of 20-1-301, 20-1-302, 20-5-103, 20-9-311, and all other provisions of Title 20, and the release may not adversely affect the pupil's enrollment status or attendance record or the calculation of the school district's ANB or other funding.

(5) The trustees of a school district may adopt a policy that awards academic credit for the completion of a religious instruction released time course and recognizes the credits of an independently accredited provider of released time courses.

(6) If a school district awards academic credit for a religious instruction released time course, the school district shall evaluate the course based on secular criteria that are substantially the same criteria used to evaluate similar courses to determine how much credit to award. The decision to award credit for a released time course must be neutral to, and may not involve any test for, religious content or denominational affiliation.

(7) For the purposes of this section, secular criteria may include but are not limited to the following:
(a) the number of hours of classroom instruction time;
(b) a review of the course syllabus that reflects course requirements and materials used;
(c) the methods of assessment used in the course; and
(d) the qualifications of the course instructor.

Section 2. Effective date. [This act] is effective July 1, 2025.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

LB550 is sponsored by Lifewise. The bill will require schools work with RTRI programs. The bill also allows Lifewise to use the school buildings, public funds, and resources. This is a direct contradiction to Zorach v. Clauson (1952).

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

22-12A-9. Medical appointments; illness; special situations; make-up work.

D. A student may, subject to the approval of the school principal, be absent from school to participate in religious instruction for not more than one class period per school day with the written consent of the student's parent at a time that is not in conflict with the academic program of the school. The public school shall provide time for the student to make up the school work missed during the absence. The school district or the public school shall not assume responsibility for the religious instruction of any student or permit religious instruction to be conducted on school property.

Notes

Full Law Text Link to State Law

SECTION 3210
Amount and character of required attendance
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 65, PART 1

b. (i) Absence for religious observance and education shall be permitted under rules that the commissioner shall establish.

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 8. EDUCATION DEPARTMENT
CHAPTER II. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER E. ELEMENTARY AND SECONDARY EDUCATION
PART 109. HOLIDAY AND RELIGIOUS OBSERVANCE
8 CRR-NY 109.2

109.2 Absence from school for religious observance and education.

(a) Absence of a pupil from school during school hours for religious observance and education to be had outside the school building and grounds will be excused upon the request in writing signed by the parent or guardian of the pupil.

(b) The courses in religious observance and education must be maintained and operated by or under the control of duly constituted religious bodies.

(c) Pupils must be registered for the courses and a copy of the registration filed with the local public school authorities.

(d) Reports of attendance of pupils upon such courses shall be filed with the principal at the end of each semester.

(e) Such absence for a released time program, grades K-12, shall be for not more than one hour each week at the close of either the morning or afternoon session, or both, at a time to be fixed by the local school authorities; provided that the time designated for each separate unit, the primary grades (K-3), intermediate grades (4-6), junior high school grades (7-9), and senior high school grades (10-12), shall be the same for all pupils in that unit in each separate school. Notwithstanding the foregoing, a board of education, in its discretion, may permit pupils in the various units which are departmentalized to be released for not more than one hour a week in groups that may include less than whole units at such times and upon such conditions as such board of education may deem proper; in no event may any pupil be released for more than one hour a week. In the event that more than one school for religious observance and education is maintained in any district, the hours for absence in each particular public elementary or secondary school unit in such district shall be the same for all such religious schools.

(f) A board of education may establish an optional program for high school students in grades 9-12 to permit a student with written approval of parent or guardian to enroll in a course in religion in a registered nonpublic high school. Enrollment in a course of this nature shall be subject to the prior approval by the public high school principal with respect to course schedule, pupil attendance and reporting of pupil achievement. Absence to attend such a course may be excused for the number of periods per week that the course is scheduled in the nonpublic school, provided that the excused absences are at the beginning or close of a public school session and are mutually agreed upon by the school officials.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

15.1-19-04. Religious instruction - Excuse of student.
At the request of a student's parent or guardian, the student's school principal shall permit a
student to be excused for up to one hour each week in order to obtain religious instruction.

Notes

Full Law Text Link to State Law

Section 3313.6022 | Released time courses in religious instruction.

(A) As used in this section, "released time" means a period of time during which a student is excused from school to attend a course in religious instruction conducted by a private entity off school district property.
(B) A school district board of education shall adopt a policy that authorizes a student to be excused from school to attend a released time course in religious instruction for at least one period per week, provided that each of the following applies:
(1) The student's parent or guardian gives written consent.
(2) The sponsoring entity maintains attendance records and makes them available to the school district the student attends.
(3) Transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, guardian, or student.
(4) The sponsoring entity makes provisions for and assumes liability for the student.
(5) No public funds are expended and no public school personnel are involved in providing the religious instruction.
(6) The student assumes responsibility for any missed schoolwork.

While in attendance in a released time course in religious instruction, a student shall not be considered absent from school. No student may be released from a core curriculum subject course to attend a religious instruction course.
(C) A school district board of education shall collaborate with a sponsoring entity of a released time course in religious instruction to identify a time to offer the course during the school day.
(D) A policy adopted under division (B) of this section shall not prohibit students from bringing external educational and program materials into school.
(E) Unless otherwise specified in a school district's policy adopted under division (B) of this section, a student shall not be excused from school to attend a released time course in religious instruction for longer than either of the following:
(1) For students in an elementary or middle school, two periods in total per week;
(2) For students in high school, the amount of time that is equivalent to attending two units of high school credit per week.
(F) A policy adopted under division (B) of this section may authorize high school students to earn up to two units of high school credit for the completion of a released time course in religious instruction. In determining whether to award credit for completion of such a course, the board shall evaluate the course based on purely secular criteria that are substantially the same criteria used to evaluate similar nonpublic high school courses for purposes of determining whether to award credit for such courses to a student transferring from a nonpublic high school to a public high school. However, there shall be no criteria requiring that released time courses be completed only at a nonpublic school. The decision to award credit for a released time course of religious instruction shall be neutral to, and shall not involve any test for, religious content or denominational affiliation.

For purposes of this division, secular criteria may include, but are not limited to, the following:
(1) The number of hours of classroom instruction time;
(2) A review of the course syllabus that reflects course requirements and materials used;
(3) The methods of assessment used in the course;
(4) The qualifications of the course instructor, which shall be similar to the qualifications of other teachers within the district.

Notwithstanding division (C)(8) of section 3313.603 of the Revised Code, high school credit awarded to a student for a released time course in religious instruction may substitute for the same amount of credit in subjects listed in that division.
(G) A school district, member of a school district board of education, or school district employee is not liable in damages in a civil action for injury allegedly arising during a student's transportation to or from a place of instruction when private transportation is used under a released time policy adopted under this section. This division does not eliminate, limit, or reduce any other immunity or defense that a school district, member of a school district board of education, or school district employee may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.

Section 3313.6030 | Criminal records checks for released time religious instruction course providers.

A school district board of education may include in its policy adopted under section 3313.6022 of the Revised Code a requirement for a criminal records check of any instructors or volunteers of a private sponsoring entity providing a released time course in religious instruction to the board's students under that policy.
The school district board of education shall determine the manner in which criminal records checks of instructors and volunteers of the private entity are conducted.

Notes

Ohio's legislature recently passed legislation to allow school districts to pass polices and have no limits on the number of hours students can miss for released time. Waiting on the governor's signature.

Full Law Text Link to State Law

§70-11-101.3. Released time course — Policy — Requirements.

A. As used in this section, “released time course” means a period of time during which a student is excused from school to attend a course in religious or moral instruction taught by an independent entity off school property.

B. Each school district board of education shall adopt a policy that excuses a student from school to attend a released time course for no more than three class periods per week or a maximum of one hundred twenty-five class periods per school year; provided, that:
1. The student's parent or legal guardian provides written consent prior to the student's participation in the released time course;
2. No school district funds other than de minimis administrative costs are expended and no school district personnel, equipment, or resources are involved in providing the instruction;
3. The independent entity maintains attendance records and makes them available to the school district and its board of education;
4. Any transportation provided to and from the place of instruction is the sole responsibility of the independent entity, the student, or the student's parent or legal guardian;
5. The independent entity or the student's parent or legal guardian indemnifies the school district and holds it harmless with regard to any liability arising from conduct that does not occur on school property under the control or supervision of the school district, and the independent entity maintains adequate insurance for that purpose;
6. The student assumes responsibility for any missed school work; and
7. The school district superintendent, the principal for the school site in which the student is enrolled, or their designees have reasonable discretion over the scheduling and timing of released time courses; provided, the student may not be excused to participate in a released time course during any class in which the subject matter being taught is subject to the assessment requirements of Section 1210.508 of Title 70 of the Oklahoma Statutes.

C. The school district, its board of education, and the state shall not be liable for the student who participates in a released time course when the student is not under the control or supervision of the school district. Oklahoma Statutes - Title 70. Schools Page 526

D. Instructors hired by an independent entity to provide a released time course shall not be required to be licensed or certified teachers.

E. A student who attends a released time course shall be considered in attendance in the school district, and the time shall be calculated as part of the school day.

F. A school district board of education shall award a student credit for work completed in a released time course that is substantiated by a transcript from the independent entity providing the course. A student shall be awarded elective credit for the completion of each released time course. To determine whether elective credit may be awarded as provided for in this subsection, the board of education shall evaluate the course in a neutral and secular manner that does not involve any test for religious content or denominational affiliation. For purposes of this subsection, the secular criteria used to evaluate a released time course may include:
1. The amount of classroom instruction time;
2. The course syllabus, which reflects the course requirements and any materials used in the course;
3. Methods of assessment used in the course; and
4. The qualifications of the course instructor.

G. The provisions of this section shall not apply to charter schools established pursuant to Section 3-132 of Title 70 of the Oklahoma Statutes or charter schools or virtual charter schools established pursuant to Section 3-134 of Title 70 of the Oklahoma Statutes.

Added by Laws 2024, c. 374, § 1.

Notes

Full Law Text Link to State Law

ORS 339.420 Child excused to receive religious instruction

Upon application of the parent or guardian of the child, or, if the child has attained the age of majority, upon application of the child, a child attending the public school may be excused from school for periods not exceeding two hours in any week for elementary pupils and five hours in any week for secondary pupils to attend weekday schools giving instruction in religion. [1965 c.100 §298; 1973 c.827 §32; 1977 c.276 §1]

Notes

Full Law Text Link to State Law

§ 11.21. Religious holidays and religious instruction.
(a) Upon written parental request, and in accordance with the policies of the district’s board of school directors, students may be excused from school for religious holidays observed by bona fide religious groups.

(b) Upon written parental request, a student shall be excused from school to attend classes for religious instruction under section 1546 of the Public School Code of 1949 (24 P. S. § 15-1546). The excusal shall be limited to a total of not more than 36 hours per school year.

(c) A student’s absence from school for religious holidays or for religious instruction shall be recorded as an excused absence. A penalty may not be attached to an absence for religious holidays or instruction.

Authority
The provisions of this § 11.21 amended under section 1317(a) of The Administrative Code of 1929 (71 P. S. § 367(a) (Repealed)); and sections 1327, 1330, 1372, 1511 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1327, 13-1330, 13-1372, 15-1511 and 26-2603-B).

Source
The provisions of this § 11.21 amended December 19, 1986, effective December 20, 1986, 16 Pa.B. 4874; amended October 22, 2004, effective October 23, 2004, 34 Pa.B. 5798. Immediately preceding text appears at serial pages (244457) to (244458).

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

SECTION 59-1-460. Excused school attendance for religious instruction.

(A) The school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious instruction conducted by a private entity if:
(1) the student's parent or guardian gives written consent;
(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;
(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;
(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and
(5) no public funds are expended and no public school personnel are involved in providing the religious instruction.
(B) It is the responsibility of a participating student to make up any missed schoolwork. However, no student may be released from a core academic subject class to attend a religious instruction class. While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.

HISTORY: 2002 Act No. 241, SECTION 2.

Notes

STATE OF SOUTH CAROLINA DEPARTMENT OF EDUCATION MEMORANDUM

Full Law Text Link to State Law

13-33-10. Released time for religious instruction.

A child may, on application of his parent or guardian, be excused from school for one hour per week for the purpose of taking and receiving religious instruction conducted by some church or association of churches. The school board shall decide at what hour pupils may be excused. No such instruction may be given in whole or in part at public expense. The school board may allow the student to accumulate up to four hours of excused leave time to be taken consecutively on any one day or two hours to be taken on any two days.

Notes

Full Law Text Link to State Law

49-2-130. Policy excusing student to attend released time course in religious moral instruction authorized — Requirements — Liability — Credit.

(a) As used in this section, “released time course” means a period of time during which a student is excused from school to attend a course in religious moral instruction taught by an independent entity off school property.
(b) A local board of education may adopt a policy that excuses a student from school to attend a released time course in religious moral instruction for no more than one (1) class period per school day; provided, that:
(1) The student's parent or legal guardian signs a written consent form prior to the student's participation in the released time course;
(2) The released time course shall be conducted off public school property;
(3) The independent entity maintains attendance records and makes the records available to the LEA and the local board of education;
(4)
(A) Any transportation to and from the place of instruction, including transportation for students with disabilities, is the responsibility of the independent entity, parent, legal guardian, or student;
(B) Notwithstanding subdivision (b)(4)(A), a local board of education that provides school transportation services for students under chapter 6, part 21 of this title may provide students attending a released time course with transportation to and from the place of instruction if the independent entity reimburses the LEA for the costs and expenses of providing the transportation services;
(5) The independent entity assumes liability for the student attending the released time course from the time that the student leaves the school until the student returns to the school;
(6) No public funds are expended and no public school personnel are involved in providing the instruction for released time courses;
(7) The student assumes responsibility for any missed schoolwork;
(8) The principal of the school, or the principal's designee, shall determine the classes from which the student may be excused to participate in the released time course; provided, that the student may not be excused to participate in a released time course during any class in which subject matter is taught for which the state requires an examination for state or federal accountability purposes; and
(9) The released time courses shall coincide with school class schedules.
(c) The LEA, the local board of education, the local governing authority, and the state shall not be liable for the student who participates in the released time course.
(d) The written consent form under subdivision (b)(1) shall provide a disclaimer that:
(1) Eliminates any actual or perceived affirmative school sponsorship or attribution to the LEA of an endorsement of a religious instruction; and
(2) Waives any right of the student's parent or legal guardian to hold the school, the LEA, the employees of the school or LEA, or the state liable for the student participating in a released time course.
(e) Instructors of released time courses are not required to be licensed or certificated pursuant to chapter 5 of this title. Instructors and other employees of the released time courses shall be hired by the independent entity.
(f) A student who attends a released time course shall be credited with time spent as if the student attended school, and the time shall be calculated as part of the actual school day.
(g)
(1) A local board of education may adopt a policy to award students credit for work completed in a released time course that is substantiated by a transcript from the entity that provided the released time course. If a board adopts a policy in accordance with this subsection (g), then a student may be awarded one (1) unit of elective credit for the completion of each released time course.
(2) In order to determine whether elective credit may be awarded for the student's completion of a released time course, the local board of education shall evaluate the course in a neutral manner that does not involve any test for religious content or denominational affiliation. For purposes of this subsection (g), the secular criteria used to evaluate a released time course may include:
(A) The amount of classroom instruction time;
(B) The course syllabus, which reflects the course requirements and any materials used in the course;
(C) Methods of assessment used in the course; and
(D) Whether the course was taught by an instructor licensed pursuant to chapter 5 of this title.
(h) A public school shall, upon the request of a student's parent or legal guardian, excuse a student from school to attend a released time course in religious moral instruction for one (1) hour per school day, regardless of whether the local board of education has adopted a policy under subsection (b), if the requirements listed in subdivisions (b)(1)-(9) are met. Subsections (c)-(f) of this section apply to students attending a released time course under this subsection (h).
(i) In addition to the requirements in subdivisions (b)(1)-(9), and notwithstanding subsection (h), before excusing a student from school to attend a released time course:
(1) The independent entity must identify each released time course instructor, as well as any other person holding a position with the independent entity requiring proximity to students participating in a released time course;
(2) Each released time course instructor for the independent entity, as well as any other person holding a position with the independent entity requiring proximity to students participating in a released time course, must:
(A) Submit to a criminal history background check prior to the beginning of the 2025-2026 school year or prior to becoming a released time course instructor or holding a position with the independent entity requiring proximity to students participating in a released time course and at least every five (5) years thereafter; and
(B) Release the results of the individual's criminal history records check to the independent entity for examination for purposes of verifying that the individual has not been convicted of an offense listed in § 49-5-417(a); and
(3) The independent entity must certify to the LEA in writing that:
(A) Each released time course instructor for the independent entity, as well as any other person holding a position with the independent entity requiring proximity to students participating in a released time course, has complied with the requirements in subdivision (i)(2); and
(B) No released time course instructor for the independent entity, or any other person holding a position with the independent entity requiring proximity to students participating in a released time course, has been convicted of an offense listed in § 49-5-417(a).

Notes

Full Law Text Link to State Law

Sec. 25.0875. EXCUSED ABSENCE TO ATTEND RELEASED TIME COURSE. (a) In this section, "released time course" means a course in religious instruction offered by a private entity.

(b) A school district or open-enrollment charter school shall, on the request of a parent or legal guardian of a student enrolled at the district or school and subject to the policy adopted under Subsection (c), excuse the student from attending school to attend a released time course for at least one but not more than five hours a week.

(c) Each school district and open-enrollment charter school shall adopt a policy for excusing a student enrolled at the district or school from attending school to attend a released time course. The policy:

(1) must require:

(A) the student's parent or legal guardian to provide written consent for the student to attend the released time course;

(B) the private entity offering the released time course to maintain attendance records and make the records available to the district or school at which the student is enrolled;

(C) the private entity, parent or legal guardian, or student to assume responsibility for transportation, including transportation for a student with a disability, to and from any location at which the released time course is offered;

(D) the private entity to make provisions for and assume liability for the student enrolled in the released time course while the student is under the private entity's care; and

(E) the student to assume responsibility for any schoolwork issued during the student's absence;

(2) must prohibit:

(A) the district or school from using district or school funds, excluding de minimis costs, to facilitate the provision of a released time course; and

(B) the private entity from offering the released time course on district or school property, unless permitted under a neutral policy of equal access that allows community organizations to use district or school property; and

(3) may not interfere with the ability of the student's parent or legal guardian to request or access a released time course for the student.

Added by Acts 2025, 89th Leg., R.S., Ch. 1140 (S.B. 1049), Sec. 2, eff. September 1, 2025.

Notes

Full Law Text Link to State Law

R277-610-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board;

(b) Subsection 53E-3-501 which directs the Board to adopt minimum standards for public schools; and

(c) Subsection 53E-3-401(4) which permits the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to specify standards and procedures for public schools regarding released-time classes.

R277-610-2. Definitions.

(1) "Non-entangling criteria" means neutral course instruction and standards that:

(a) are academic as opposed to devotional;

(b) promote awareness as opposed to acceptance of any religion;

(c) expose to as opposed to imposing a particular view;

(d) educate about religion; and

(e) inform but not seek to make students conform to any religion.

(2) "Released-time" means a period of time during the regular school day when a student attending a public school is excused from the school at the request of the student's parent.

R277-610-3. Interaction Between Public Schools and Released-Time Classes.

(1) A student may attend released-time classes during the regular school day only upon the written request of the student's parent or legal guardian.

(2) A public school may not maintain records of attendance for released-time classes or use school personnel or school resources to regulate such attendance.

(3)(a) A teacher of a released-time class is not a member of the public school faculty.

(b) A released-time teacher may participate in school activities as a community member.

(4) A public school teacher, administrator, or other official may not request teachers of released-time classes to exercise functions or assume responsibilities for the public school program which would result in a commingling of the activities of the school and the released-time class sponsor.

(5)(a) A public school class schedule or course catalog may not include a released-time class by name.

(b) At the convenience of the school, a registration form may contain a space for a released-time designation.

(6) A public school publication may not include pictures, reports, or records of released-time classes.

(7) Public school personnel may not participate in released-time classes during work hours.

(8) A released-time class may not use school resources or equipment.

R277-610-4. Additional Conditions for Religious Released-Time Programs.

(1) A religious class may not be held in school buildings or on school property in any way that permits public money or property to be applied to, or that requires public employees to become entangled with, any religious worship, exercise, or instruction.

(2) Religious released-time scheduling shall take place on forms and supplies furnished by the religious institution and by personnel employed or engaged by the institution and shall occur off public school premises.

(3)(a) A public school may not connect bells, telephones, computers or other devices between public school buildings and institutions offering religious instruction, except as a convenience to the public school in the operation of its own programs.

(b) When any connection of devices is permitted, the costs shall be borne by the respective institutions.

(4) Records of attendance at religious released-time classes, grades, marks, or other data may not be included in the correspondence or reports made by a public school to parents.

(5)(a) Institutions offering religious instruction are private programs or schools separate and apart from the public schools.

(b) Those relationships that are legitimately exercised between the public school and any private school are appropriate with institutions offering released-time classes, so long as public property, public funds, or other public resources are not used to aid such institutions.

(6) A public school may grant elective credit for religious released-time classes if the public school establishes neutral, non-entangling criteria with which to evaluate the released-time courses.

Notes

Full Law Text Link to State Law

Title 16: Education
Chapter 24: Periodic Released Time
§ 1051. Statement of public policy

It is the policy of the State of Vermont to cooperate with religious groups by adjusting the schedule of public schools to provide periodic released time for religious instruction, provided that such adjustments do not interfere with the conduct of secular educational programs in the schools. (Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970.)

§ 1052. Definitions and construction

(a) As used in this chapter, unless the context otherwise clearly requires:

(1) “Periodic released time” means time, occurring at least once weekly, during which public school students are released from school to attend religious education courses sponsored by and given under the authority of a religious group.

(2) “Religious group” means any association of persons for religious purposes, including any organization of religious denominations, communions, or traditions.

(3) “Periodic released time religious education course” means a course offered by a religious group during periodic released time.

(b) This chapter shall be construed liberally to carry out the policies stated in this chapter. (Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970; amended 2013, No. 92 (Adj. Sess.), § 111, eff. Feb. 14, 2014; 2019, No. 131 (Adj. Sess.), § 71.)

§ 1053. Duty to cooperate in periodic released time program

If requested by a religious group, the board of directors or trustees of a school district shall make available periodic released time, provided that the granting of released time will not interfere with the conduct of secular education programs within the school system. On request of a religious group, periodic released time religious education courses shall be included in public school catalogues and listings of course offerings, provided that all periodic released time religious education course offerings shall be identified as given under the provisions of this chapter. (Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970.)

§ 1054. Prohibitions

(a) No person shall conduct a periodic released time religious education course on public school property.

(b) No periodic released time program shall interfere with the completion by any student of requirements for graduation as established from time to time by the Agency.

(c) No administrator or teacher in a public school cooperating in a periodic released time program shall direct a student to take or not to take a periodic released time course. (Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970; amended 2013, No. 92 (Adj. Sess.), § 112, eff. Feb. 14, 2014.)

§ 1055. Conditions

(a) No student may take a periodic released time religious education course without first having obtained:

(1) written permission from the student’s parent or guardian containing a release of the school from all legal responsibility for the student while engaged in the periodic released time program; and

(2) written permission from the sponsoring religious group to attend such course.

(b) All costs of periodic released time religious education courses shall be borne by the sponsoring religious group. (Added 1969, No. 260 (Adj. Sess.), eff. Sept. 1, 1970; amended 2021, No. 20, § 59.)

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

Notes

Full Law Text Link to State Law

§18-8-1. Compulsory school attendance; exemptions.

(j) A child is exempt from the compulsory school attendance requirement set forth in §18-8-1a of this code if the requirements of this subsection, relating to church ordinances and observances of regular church ordinances, are met. The county board may approve exemption for religious instruction upon written request of the person having legal or actual charge of a child or children. This exemption is subject to the rules prescribed by the county superintendent and approved by the county board.

Notes

Full Law Text Link to State Law

118.155 Released time for religious instruction.

(1) Any school board shall, without approval of the state superintendent, permit pupils with written permission of a parent or guardian to be absent from school at least 60 minutes but not more than 180 minutes per week to obtain religious instruction outside the school during the required school period. The supervisor of such religious instruction shall report monthly, to the principal of the school regularly attended, the names of the pupils who attended such weekly religious instruction. The school board may deny the privilege of released time to pupils who absent themselves from such religious instruction after requesting the privilege. The time period, or periods, allotted for the pupil to be absent from school for the purpose of religious instruction shall be determined by the school board.
(2) Any transportation to religious instruction or from religious instruction to the public school shall be the responsibility of the parents or of the organization sponsoring the religious instruction.
(3) The school district shall be released from all liability for a pupil who is absent from school in accordance with sub. (1).

Notes

No-Statute State Info

States with no statute for released time religious instruction are treated like "may" states. Released time programs would need to request approval from the local school board. School districts should not allow a released time program to operate in the district without a specific released time policy.

The federal case laws that mandate how released time functions should be followed. Zorach vs Clauson states:

The public schools should be neutral. “School authorities are neutral in this regard, and do no more than release students whose parents so request.”
No announcements in the school with regard to the released time program.
Released time classes are held off of school property
No public funds or employees are used to facilitate the released time program.
Parents give their signed consent form to the administration.

School districts in states without a statute mandating a released time policy can choose not to allow released time or to coordinate with religious organizations seeking to remove students from school during the school day.

School districts should always have a policy indicating whether they coordinate with released-time religious instruction programs. Not having a policy at all and leaving it up to the released time program should never be the operating standard. This will open the district up to misinterpretation of its intent.

It is suggested that parents approach the school board and request that a released time religious instruction policy be implemented, even before a religious program approaches the district.

This does not encompass all legal requirements, and other legal opinions may exist. Please use this as a guide only.

All State Laws

State Law Type

Alabama May

Notes

Alaska No-Statute

Notes

Arizona May

Notes

Arkansas No-Statute

Notes

California May

Notes

Colorado No-Statute

Notes

Connecticut No-Statute

Notes

Delaware No-Statute

Notes

District of Columbia No-Statute

Notes

Florida Shall

Notes

Georgia No-Statute

Notes

Hawaii Shall

Notes

Idaho May

Notes

Illinois Shall

Notes

Indiana Shall

Notes

Iowa Shall

Notes

Kansas No-Statute

Notes

Kentucky May

Notes

Louisiana No-Statute

Notes

Maine May

Notes

Maryland No-Statute

Notes

Massachusetts May

Notes

Michigan May

Notes

Minnesota May

Notes

Mississippi No-Statute

Notes

Missouri No-Statute

Notes

Montana Shall

Notes

Nebraska No-Statute

Notes

Nevada No-Statute

Notes

New Hampshire No-Statute

Notes

New Jersey No-Statute

Notes

New Mexico May

Notes

New York Shall

Notes

North Carolina No-Statute

Notes

North Dakota Shall

Notes

Ohio Shall

Notes

Oklahoma Shall

Notes

Oregon May

Notes

Pennsylvania Shall

Notes