Understanding “Released Time” at Public Schools
During the legislative session earlier this year, there was discussion about released time at Arkansas’ public schools.
Legally in America, public schools may set aside released time during the school week for students to voluntarily attend religious classes off-campus. Released time programs have been in operation for over 100 years in the United States.
Released time makes it possible for students to be excused from school so they can attend Bible studies or other religious classes during normal school hours.
In 1952, the U.S. Supreme Court case Zorach v. Clauson solidified released time programs in America after multiple lawsuits and another court case put it in jeopardy. In a 6-3 decision, the Court found that a New York Education Law permitting release time did not violate the First Amendment. As long as these programs are voluntary — with written parental consent — operate off school grounds, and are privately funded, they are constitutional.
Since the Zorach case, thousands of students have participated in released time programs all across the country. There are estimated to be hundreds, if not thousands, of released time programs in operation, serving more than 350,000 students in first grade through high school.
In 2007 the Arkansas Democrat-Gazette wrote about released time programs in Arkansas and elsewhere around the country, noting, “Even the Arkansas American Civil Liberties Union agrees it’s allowable.” Volunteers in Gravette, Arkansas, have taught a Bible to students for over 70 years in multiple ways, including released time. Other released time programs exist in Arkansas, either independently or through organizations like School Ministries or LifeWise that provide curricula to local groups.
While released time is legal under federal court rulings in Arkansas, the state has no law formally acknowledging released time or explaining how public school districts extend released time to students. As a result, many Arkansans don’t know that released time is available during normal school hours.
H.B. 1139 by Rep. Brit McKenzie (R — Rogers) and Sen. Joshua Bryant (R — Rogers) would have fixed that problem.
This good bill would have written released time into state law and clarified how public schools may excuse students for released time during school hours.
Unfortunately, the House Education Committee rejected H.B. 1139 in April after some 40 minutes of public testimony.
Family Council appreciates Rep. McKenzie and Sen. Bryant sponsoring this good bill, and we hope to work with state and local policymakers in the future to promote released time programs and pass a measure writing released time into Arkansas law.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
