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State-By-State Analysis |
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Released Time Laws and Guidelines for
Idaho
Updated July 2009
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SUMMARY for Idaho
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General Information
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Idaho, 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 Idaho does not have specific laws regarding Released Time, a Released Time program in Idaho 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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Idaho Department of Education
Website: http://www.sde.state.id.us/Dept/
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DETAILS for Idaho
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Statutes
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Idaho compulsory attendance law (IDAHO CODE ANN. ยง 33-202) requires that all students ages 7-15 (inclusive) must attend a public, private, or parochial school during a period of time equal to the time when public schools are in session. The only exemptions for cause are impaired mental, physical, or emotional conditions which prevent attendance and which are confirmed by a licensed physician or psychiatrist. There is no express Released Time statute in Idaho.
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Regulations
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The State Board of Education allows each local school district to release public school students for the purpose of attending religious instruction. Such religious instruction must be off school property and the religious institutions must keep records of attendance that must be made available to the public school officials.
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