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TEXAS

Texas

In Texas, Senate Bill 1049 (2025) created Education Code § 25.0875, which governs Released Time courses. Under this law, each school district and open-enrollment charter school shall adopt a policy allowing students to be excused to attend Released Time programs for religious instruction.

Upon written parental request and in accordance with district policy, schools shall excuse a student to attend a Released Time course for at least one but not more than five hours per week.

Any Released Time program must also comply 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 associated with adopting and maintaining the district’s Released Time policy).

2) Released Time programs cannot take place on school premises, except as permitted under a neutral equal-access policy; and

3) Student participation in Released Time programs must be voluntary with written parental consent. There cannot be any coercion on the part of any school official.

These requirements are not exclusive. It is important to review the latest state statutes and federal constitutional principles to ensure the program follows current guidelines.

While districts are required to adopt a Released Time policy, school districts retain authority to implement reasonable procedures consistent with Education Code § 25.0875, including scheduling and documentation requirements. Organizations wishing to start a new program should coordinate with district officials to ensure compliance with district policy and statutory requirements.

General Information

Statutes

Texas Education Code § 25.0875
(Effective September 1, 2025)

Sec. 25.0875. EXCUSED ABSENCE TO ATTEND RELEASED TIME COURSE.

(a) In this section, "released time course" means a course in religious instruction offered by a private entity.

(b) A school district or open-enrollment charter school shall, on the request of a parent or legal guardian of a student enrolled at the district or school and subject to the policy adopted under Subsection (c), excuse the student from attending school to attend a released time course for at least one but not more than five hours a week.

(c) Each school district and open-enrollment charter school shall adopt a policy for excusing a student enrolled at the district or school from attending school to attend a released time course. The policy:

(1) must require:

  1. the student's parent or legal guardian to provide written consent for the student to attend the released time course;
  2. the private entity offering the released time course to maintain attendance records and make the records available to the district or school at which the student is enrolled;
  3. the private entity, parent or legal guardian, or student to assume responsibility for transportation, including transportation for a student with a disability, to and from any location at which the released time course is offered;
  4. the private entity to make provisions for and assume liability for the student enrolled in the released time course while the student is under the private entity's care; and
  5. the student to assume responsibility for any schoolwork issued during the student's absence;

(2) must prohibit:

  1. the district or school from using district or school funds, excluding de minimis costs, to facilitate the provision of a released time course; and
  2. the private entity from offering the released time course on district or school property, unless permitted under a neutral policy of equal access that allows community organizations to use district or school property; and

(3) may not interfere with the ability of the student's parent or legal guardian to request or access a released time course for the student.

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Regulations

Attorney General

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Case Law