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State-By-State Analysis |
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Released Time Laws and Guidelines for
Maryland
Updated July 2009
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SUMMARY for Maryland
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General Information
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Maryland, 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 Maryland does not have specific laws regarding Released Time, a Released Time program in Maryland 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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Maryland State Department of Education
Website: http://www.marylandpublicschools.org/MSDE
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DETAILS for Maryland
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Statutes
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Maryland compulsory attendance law requires that all children, ages 6-16 (inclusive), attend public school "unless the child is otherwise receiving regular, thorough instruction" during the school year in studies usually taught in public schools. MD. CODE ANN. EDUCATION § 7-301
Although Maryland has no expressed Released Time Statute, § 7-301 does allow a county superintendent or school principal the authority to excuse a child for a "necessary absence." Some Maryland school districts have interpreted "necessary absences" as permitting students to be released for religious instruction.
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