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General Information

Alaska, like many other states, does not have specific laws regarding Released Time. As a result, a Released Time program in Alaska would need to obtain permission from the local school board for students to participate in the program. It would also need to ensure compliance with the guidepost for Released Time programs provided by the U.S. Supreme Court in McCollum v. Board of Education, 333 U.S. 203 (1948) and Zorach v. Clauson, 343 U.S. 306 (1952). These guideposts include:
1) The school cannot fund the Released Time program, other than de minimis administrative costs (such as the costs of a school board approving a local Released Time policy).
2) Released Time programs cannot take place on school premises; and
3) Student participation in Released Time programs must be voluntary. There cannot be any coercion, encouragement, or discouragement on the part of any school official.

However, these three points are not exclusive. One should conduct thorough research on the latest state and federal laws and court decisions to determine if there are any updated guidelines for a Released Time program to follow.

Keep in mind that school officials are not required to approve a program. An organization that wishes to start a new program should determine who in the school district can authorize a program and make an appointment to see that person. If the principal refers the organization to the school board, it would be wise to meet individually with school board members before presenting the concept at a meeting of the whole board.

Statutes

Alaska Stat. § 14.30.010(a)
Alaska’s compulsory attendance law requires children ages 7 to 16 to attend public school, private school, or religious school.

The following are exemptions in this statute that may potentially be used to permit a child to attend a released-time program:
• At a regularly scheduled school board meeting, the school board or the superintendent with approval of the school board excuses a student from attendance at the public school. Alaska Stat. § 14.30.010(b)(8); or
• Parents make a written request to the principal or administrator of the public school for their child to attend a program in which the child will be “equally well-served by an education experience approved by the school board as serving the child’s educational interests despite an absence from school.” Alaska Stat. § 14.30.010(b)(11).

Regulations

None

Case Law

Newdow v. Rio Linda Union Sch. Dist., 597 F.3d 1007 (9th Cir. 2010).
In Newdow v. Rio Linda Union Sch. Dist., the 9th Circuit referenced Zorach v. Clauson, describing it as a case “in which school children were allowed to be excused from public schools for religious observances and education.” Id. At 1026. While the Newdow case was dealing with a constitutional issue unrelated to released-time programs, the court’s reference to the Zorach case shows that this circuit recognized Zorach’s upholding of a released-time program as constitutionally valid.

Other court decisions by the 9th Circuit Court of Appeals have referenced Zorach in a similar manner. See e.g., Prince v. Jacoby, 303 F.3d 1074, 1099 (9th Cir. 2002) (stating that Zorach upheld “release time program where religious classes were not held on school property and there was no indication that the public schools enforced attendance at religious schools by punishing absentees from the released time programs for truancy.” (internal quotations omitted)); Cammack v. Waihee, No. 87-15073, 1991 U.S. App. LEXIS 18115 at *38 (9th Cir. Aug. 9, 1991) (stating that in Zorach, “the Court rejected an establishment clause challenge to a program whereby public schools released students for a limited time for off-campus religious instruction”); Collins v. Chandler Unified School Dist. 644 F.2d 759, 761 (9th Cir. 1981) (stating that in Zorach, the U.S. Supreme Court held that “releasing students to attend religious activities off school grounds [is] constitutionally valid”).

*The rulings of the 9th Circuit Court of Appeals are binding precedent in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

General Information

Arizona law requires each school district to adopt a policy governing the excuse of pupils for religious purposes. Such a policy may allow a student to be excused for participation in Released Time, as long as:
1) The person who has custody of the pupil has given written consent, and
2) Any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group.

In addition, any Released Time program would also need to ensure compliance with the guidepost for Released Time programs provided by the U.S. Supreme Court in McCollum v. Board of Education, 333 U.S. 203 (1948) and Zorach v. Clauson, 343 U.S. 306 (1952). These guideposts include:
1) The school cannot fund the Released Time program, other than de minimis administrative costs (such as the costs of a school board approving a local Released Time policy).
2) Released Time programs cannot take place on school premises; and
3) Student participation in Released Time programs must be voluntary. There cannot be any coercion, encouragement, or discouragement on the part of any school official.

However, these three points are not exclusive. One should conduct thorough research on the latest state and federal laws and court decisions to determine if there are any updated guidelines for a Released Time program to follow.

Keep in mind that school officials are not required to approve a program. However, with community support, a carefully researched approach, and a proposal consistent with state law, you should expect success in gaining approval for the program.