41

There is no state statute regulating released time for religious instruction, federal rulings still apply. "No-Statute" states function in theory the same way as "May-Law" states. School districts may create a policy allowing students to be released for religious study, or they may choose not to coordinate with released-time programs and require the students' legal guardians facilitate the process.
Read more about "May" and "Shall" state laws

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 school districts, regardless of whether they are required by law to allow released time, should implement good policy and be prepared for when a released time program may approach the district. The time to set the policy is before an active program is pressuring the district. Research polices the district can implement to protect teachers' and students' instruction time. Set polices that limit disruptions to students and the ability for proselytization to occur, impacting other students of faith or no faith. A more detailed write-up on school board policies can be read here.