Is Released Time Legal?
In 1952, the U.S. Supreme Court upheld Released Time (RT) programs as legal in all 50 states (Zorach v. Clauson). The three requirements for an RTBE program to be legal are:
Parental permission must be given in writing.
Instruction must take place off-campus.
The program must be self-supporting.
In CA, the State Education code #46014 makes RTBE programs available with School Board permission. School districts have school board policies that address the religious nature of their communities.
The U.S. Supreme Court ruled, “When the state encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions, for it then respects the religious nature of our people and accommodates the public service to their spiritual needs.”
California State Ed. Code #46014 was amended in 1942 to allow parents to take their children to an off-campus site for religious instruction. Since then, CA students have been allowed to leave campus for an hour each week to attend moral and religious education classes through RTBE. Sanctioned by the U.S. Supreme Court, the classes are legal, taught by volunteers, and off-campus.
Section #46014:
Regulations regarding absences for religious purposes
Pupils may be excused from school with the written consent of their parent or guardian to participate in religious exercises or to receive religious and moral instruction.
The instruction may take place at their respective sites of worship or at other suitable places away from school and is supplementary to the instruction in manners and morals required elsewhere in this code.
Such absences shall not be deemed absences in computing average daily attendance.
All of the following conditions must be complied with:
In its discretion, the governing board of the child’s school district shall first adopt a resolution permitting pupils to be absent from school for such exercises or instruction.
The governing board shall adopt regulations governing the attendance of pupils at such exercises or instruction and the reporting thereof.
Each pupil so excused must attend school at least the minimum school day for his or her grade.
No pupil shall be excused from school for religious instruction on more than four days per school month.
There are minor differences in regulations in each school district.
Court case: Gordon v. the Board of Education of the City of Los Angeles, 178p. 2d 488 (1947)
Parents are responsible for the transportation to the location of the instruction or event and for returning to the school. They may designate someone to do this for them.
RTBE is organized to transport students to and from school on behalf of the parents.