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State-By-State Analysis |
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Released Time Laws and Guidelines for
Nebraska
Updated July 2009
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SUMMARY for Nebraska
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General Information
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Nebraska, 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 Nebraska does not have specific laws regarding Released Time, a Released Time program in Nebraska 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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Nebraska Department of Education
Website; http://www.nde.state.ne.us/
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DETAILS for Nebraska
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Statutes
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Nebraska compulsory attendance law requires that all children, ages 7-15 (inclusive) must "attend regularly the public, private, parochial or denominational day schools" which have met the requirements for legal operation prescribed in Chapter 79. NEB. REV. STAT. ยง79-201
There is no specific statute that either permits or prohibits public school students from participating in Released Time programs in order to receive religious instruction.
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