Arkansas Schools Can Offer Released Time—Here’s How

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Recently we have written about released time programs at Arkansas’ public schools.

Legally, public schools may set aside released time during the school week for students to voluntarily attend religious classes off-campus.

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.

Thanks to federal court rulings, released time programs have been in operation for over 100 years across the U.S. — although some states have chosen to enact laws officially recognizing released time and outlining school policies authorizing it.

Unfortunately, Arkansas has no law concerning released time at public schools. So how can public school students in Arkansas utilize released time?

In 1952, the U.S. Supreme Court case Zorach v. Clauson affirmed released time programs in America. In a 6-3 decision, the Court found that released time did not violate the First Amendment. As long as these programs are voluntary — with written parental consent — privately funded, and operate off school grounds, they are constitutional.

Generally speaking, released time in Arkansas requires three components:

  1. A church or other organization that wants to fund and conduct a released time program off-campus.
  2. School board approval for a policy authorizing students to leave campus for released time during school hours.
  3. Parental consent for the student to participate in the program.

Once a church or other group properly plans and prepares to operate a released time program, they can go to the local school board to seek approval and then collaborate with the school district to set the best time in the day for a released time program.

As long as the program meets off-campus, obtains parental consent, and is privately funded, then the school board may authorize the program. 

The private entity that oversees the released time program is encouraged to work with the local school district and school board to set up a mutually agreeable schedule that benefits students.  If planned correctly, released time programs generally do not conflict with a student’s core courses like math or English.

Students can already participate in multiple programs during the school week that are extracurricular, including activities that are not on school grounds. These can include pursuing career and technical programs, participating in academic clubs, student governments, the arts, and volunteering in community work. In that regard, released time is no different from many other extracurricular activities.

Family Council hopes to work with state and local policymakers in the future to promote released time programs and help pass a law formally recognizing released time in Arkansas. If you are interested in starting a released time program in your community, you are welcome to contact our office at 501-375-7000 for more information.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Seven Years Later, Still No End in Sight for Lawsuit Over Arkansas’ Ten Commandments Monument

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Above: Former Sen. Jason Rapert and then-Rep. Kim Hammer unveil Arkansas’ monument commemorating the Ten Commandments in this file photo from 2018. Atheist organizations filed a lawsuit to have the monument removed, but the case has remained in limbo for seven years.

Today marks the seventh anniversary of a lawsuit over Arkansas’ monument of the Ten Commandments on the state capitol lawn — and there does not seem to be any end in sight.

A decade ago, the Arkansas Legislature passed Act 1231 of 2015 by former Sen. Jason Rapert and then-Rep. Kim Hammer.

Act 1231 authorized placement of a privately funded monument of the Ten Commandments on the Arkansas Capitol Building grounds. Forty state legislators co-sponsored Act 1231. It received strong, bipartisan support, and former Arkansas Governor Asa Hutchinson signed Act 1231 into law.

Arkansas’ monument of the Ten Commandments — which is identical to one the U.S. Supreme Court ruled constitutional at the capitol building in Texas — was unveiled in 2018. But it did not take long for atheist groups like the Freedom From Religion Foundation and the Satanic Temple to file a federal lawsuit to have it removed.

The case began May 23, 2018, and it originally was set to go to trial in July of 2020. But U.S. District Judge Kristine Baker postponed the trial due to the COVID-19 pandemic. Since then, both sides in the lawsuit have asked Judge Baker to resolve the case, but the case remains in legal limbo.

As we have said many times, there shouldn’t be anything controversial about a monument honoring the significance of the Ten Commandments.

Historians have long recognized the Ten Commandments as one of the earliest examples of the rule of law in human history, and they have helped shape philosophy and laws in countries around the world.

That’s why the Ten Commandments traditionally has appeared in artwork at courthouses and similar locations. In fact, last month Arkansas passed a law to place posters of the Ten Commandments in public schools and public buildings across the state.

Arkansas’ monument of the Ten Commandments commemorates their historical and cultural legacy. With that in mind, we believe our federal courts eventually will resolve this lawsuit and uphold Arkansas’ Ten Commandments monument as constitutional.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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