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State-By-State Analysis |
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Released Time Laws and Guidelines for
Tennessee
Updated July 2009
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SUMMARY for Tennessee
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General Information
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Tennessee, 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 Tennessee does not have specific laws regarding Released Time, a Released Time program in Tennessee 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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Tennessee Department of Education
Website: http://www.state.tn.us/education/
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DETAILS for Tennessee
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Statutes
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Tennessee Code Annotated
Tennessee compulsory attendance law requires that all children, ages 7-16 (inclusive), must attend public or private school. TENN. CODE ANN. ยง 49-6-3001
There are no express statutes which either prohibit or permit Released Time for religious instruction for public school students.
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Case Law
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Wiley v. Franklin 468 F. Supp. 133 (1979)
The United States District Court ruled that the Establishment of Religion Clause of the First Amendment was violated by a certain Bible study course sponsored in public schools.
However, the court recognized that Released Time programs, operated under the guidelines of Zorach v. Clauson, 343 U.S. 306, were valid in Tennessee (Wiley, at 144). The Court held, "a program permitting the release of students from a public school during regular classroom hours to enable them to receive religious instructions of their choice from teachers other than public school teachers and at premises other than school premises, will pass Constitutional muster under both the Establishment Clause and the Free Exercise Clause..."(Wiley, at 146).
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