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State-By-State Analysis |
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Released Time Laws and Guidelines for
Delaware
Updated July 2009
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SUMMARY for Delaware
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General Information
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Delaware, like many other states does not have specific laws regarding Released Time. However, this does not necessarily prohibit Released Time. In fact, it may allow a wider range of Released Time programs. Since Delaware does not have specific laws regarding Released Time, a Released Time program in Delaware would fall subject to the federal guideposts presented in McCollum v. Board of Education, 333 U.S. 203 (1948), Zorach v. Clauson, 343 U.S. 306 (1952), and Grand Rapids School District v. Ball, 473 U.S. 373 (1985).
In summary, the above cases present three general requirements for Released Time programs: 1) The state cannot fund Released Time directly or indirectly. This prohibits not only funds themselves but also any support or benefit from anything purchased or anyone compensated by state funds; 2) Released Time programs cannot take place on school premises; and 3) 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 federal and state case law to see whether your state or federal circuit has its own case law supplementing the requirements in McCollum, Zorach, and Ball.
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Department of Education Website
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Delaware Department of Education
Website: http://www.doe.state.de.us/
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DETAILS for Delaware
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Statutes
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The Delaware compulsory attendance law (DEL. CODE ANN. tit. 14, § 2702) requires that all children, ages 6-15 (inclusive), must attend public school unless the "child is elsewhere receiving regular and thorough instruction" (DEL. CODE ANN. tit. 14, § 2703).
The Delaware Code - Title 14 Education: http://www.delcode.state.de.us/title14/
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Attorney General
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Opinion of the Attorney General 64-034, September 4, 1964
The Attorney General has stated,
"Upon written request of parents, students may obtain released time for religious exercises or instruction off of the school premises. Those students not securing Released Time would remain in school. The School Board may determine when such Released Time may be allowed (p.118)."
The opinion also emphasizes that Released Time programs are Constitutional because it involves no State sponsorship of religion nor is the State antagonistic toward religion. Released Time does not violate the position of "neutrality" required of the State on matters of religion.
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