ARKANSAS
General Information
Statutes
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Regulations
1984 Ark. Op. Att'y Gen. No. 84-198
“In 1952, the United States Supreme Court found as constitutional ‘released time’ for public school students to attend religious classes off-campus. Zorach v. Clauson, 343 U.S. 306, 72 S.Ct. 679, 96 L.Ed. 954 (1952). It must be noted, however, that the Zorach decision was handed down prior to the methodology established by the Supreme Court in Lemon.
When Lemon is applied to the question of whether a religious program can be presented off-campus during school hours, an affirmative answer to the following questions is required in order that the practice not be considered unconstitutional. Are the students allowed to attend the programs for non-religious purposes? Does the policy or practice neither advance nor inhibit religion? Does the policy or practice avoid an excessive intanglement with religion?”
Attorney General
Case Law