North Dakota is one of several states that requires school boards to adopt a policy allowing for Released Time. At the request of a parent, students are permitted to be dismissed for up to one hour each week for religious instruction.
This statute opens the door for Released Time in every school district in the state. Released Time programs should be operating in every school in the state to ensure that students are able to take advantage of their right under state law to participate in religious instruction.
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.
N.D. Cent. Code Ann. § 15.1-20-01
North Dakota compulsory attendance law requires that all children, ages 7-15 (inclusive), must attend public school.
N.D. Cent. Code Ann. § 15.1-19-04
“At the request of a student’s parent or guardian, the student’s school principal shall permit a student to be excused for up to one hour each week in order to obtain religious instruction.”
Attorney General Opinions
Several cases within the 8th Circuit have made summary references to Zorach. See e.g., Bogen v. Doty, 598 F.2d 1110, 1113 (8th Cir. 1979) (In Zorach, the “practice of releasing students for periods of religious instruction [was] upheld.”); Brusca v. Missouri, 332 F. Supp. 275, n. 2 (E.D. Mo. 1971)(stating that Zorach, when read in conjunction with McCollum v. Bd. of Education, 333 U.S. 203 (1948), “teaches that it is one thing to cooperate with religion by permitting the release of public school children for religious instruction without cost to the state on off-school premises, and quite another to assist such a religious program financially, even to the limited extent of allowing the use of school buildings for that purpose.”).
*The rulings of the 8th Circuit Court of Appeals are binding precedent in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.