| Case Law
||Moore v. Board of Education 212 N.E. ad 833 (1965)
The Court of Common Pleas of Ohio held that a particular Released Time religious program maintained by the Board of Education resulted in the establishment of one particular religion (Catholic) and thus violated the U.S. Constitution. The Released Time program was conducted for one hour per day, 5 days a week, on public school grounds and was taught by public school teachers. The court determined that such a program had the effect of providing sectarian instructions to public school children at public expense (Moore at 841). One religious sect, to the exclusion of all others, is the recipient of instruction in its religious faith through this Released Time program (Moore at 844). In conclusion, the Court emphasized that these particular Released Time programs made the public schools nothing more than "instruments for securing attendance at denominational classes." (Moore, at 844).
The court relied heavily on McCollum v. Board of Education, 333 U.S. 203, and the Zorach v. Clauson, 343 U.S. 306, using their tests for determining the proper Released Time program. As a result, although the specific Released Time program involved in Moore was ruled unconstitutional, the court implied that a Released Time program which conforms with Zorach may be operated in Ohio. A Released Time program is constitutional if it takes place off public school property, is not financed by public funds, and is voluntary with parental permission.