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TEXAS

Texas

In Texas, Senate Bill 1049 (2025) created Education Code § 25.0875, which governs excused absences for Released Time courses. Under this law, each school district and open-enrollment charter school shall adopt a policy for excusing a student to attend a Released Time course in religious instruction offered by a private entity.

Upon the request of a student’s parent or legal guardian and subject to the district’s policy, a school district or open-enrollment charter school shall excuse the student from attending school to attend a Released Time course for at least one but not more than five hours a 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 those associated with adopting and maintaining the district’s Released Time policy).

2) Released Time courses may not be offered on school premises, except as permitted under a neutral policy of equal access; and

3) Student participation must be voluntary with written parental consent. There cannot be coercion on the part of school officials.

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

While districts are required to adopt a Released Time policy, 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
V.T.C.A., Education Code § 25.0875
Effective: September 1, 2025
Legislation: Senate Bill 1049

§ 25.0875. Excused Absence to Attend Released Time Course

Currentness

(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.

None.

Regulations

Attorney General

None.

Zorach v. Clauson, 343 U.S. 306 (1952)

The U.S. Supreme Court in Zorach upheld a Released Time program that allowed students to leave school during the day for religious instruction off school property. The Court found the program constitutional because participation was voluntary, no public funds were used for religious instruction, and the program took place off campus. Zorach remains the leading authority guiding Released Time programs nationwide, including Texas.

Case Law