Alabama has enacted a new law allowing public school students to leave campus during the school day to participate in religious instruction, a practice commonly referred to as “released time.”
Alabama Gov. Kay Ivey signed Senate Bill 248, also known as the Alabama Released Time Credit Act, into law last Wednesday, formally authorizing the program statewide.
According to the statute, “The State Board of Education and each local board of education shall allow a parent or guardian to choose for his or her student to attend a religious released time program conducted by a sponsoring entity.”
The law also clarifies that “Released time instruction and activities are not sponsored by the local board of education and do not fall under the supervision, control or authority of the local board of education or its employees.”
Under the legislation, school officials retain limited authority to block participation if there is “a reasonable belief based on objective evidence that permitting a student to attend a released time program would pose a substantial risk of physical harm to the student or that the sponsoring entity is in violation of state law in a manner that poses a substantial risk of physical harm to a student.”
In addition, participation may be restricted if it “would cause the student to be excused from the minimum instructional time for any course or subject as prescribed by the State Board of Education, or from any student intervention required under state or federal law.”
The act further emphasizes neutrality toward religion, stating, “Nothing in this section shall be construed to ... endorse any religious belief, practice, or instruction by the State Board of Education or any local board of education [or] limit the authority of local boards of education to tailor the policies addressed in this section to meet their specific needs.”
Legal precedent for such programs dates back to 1952, when the U.S. Supreme Court ruled in Zorach v. Clauson that released time initiatives are constitutional, declaring there is “no constitutional requirement which makes it necessary for government to be hostile to religion and to throw its weight against efforts to widen the effective scope of religious influence.”
The Court further noted, “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.”
Despite the legal backing, critics argue that released time programs can interfere with academic schedules and suggest that religious instruction should instead be conducted outside regular school hours.
In October 2024, the Westerville City School Board voted 4–0, with one abstention, to end its released time initiative, with board president Kristy Meyer stating she had “significant concerns about the distractions caused by pulling kids out of school during the middle of the day.”
