General Information
New Jersey, like many other states, does not have specific laws regarding Released Time. As a result, a Released Time program in New Jersey 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 court approved guideposts for Released Time programs. These 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 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
None.
Regulations
None.
Attorney General
None.
Case Law
ACLU v. Black Horse Pike Reg’l Bd. of Educ., 84 F.3d 1471 (3d Cir. 1996)
In ACLU, the Third Circuit Court of Appeals referenced Zorach v. Clauson as having upheld “statutory ‘released time’ program whereby public schools release students during the school day to receive off-site religious education.” Id. at 1487.
*The rulings of the 3rd Circuit Court of Appeals are binding precedent in Delaware, New Jersey, and Pennsylvania.