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State-By-State Analysis |
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Released Time Laws and Guidelines for
Texas
Updated July 2009
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SUMMARY for Texas
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General Information
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Texas, 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 Texas does not have specific laws regarding Released Time, a Released Time program in Texas 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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The Texas Education Agency
Website: http://www.tea.state.tx.us/sboe/
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DETAILS for Texas
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Statutes
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The Texas compulsory attendance law requires that all children, ages 6-18 (inclusive), must attend public schools or a a private or parochial school which shall include in its course a study of good citizenship. A school district may grant an excuse for child's absence for certain "unusual causes," upon a written note signed by the parent stating the reason for the absence. This statute may give the school districts authority to grant excuses to children for Released Time for Religious instruction. A school district, in addition, must excuse a student from attending school for the purpose of observing religious holy days if the parent, beforehand, submits a written request for the excused absence.TEX. EDUCATION CODE ANN. § 25.085 to § 25.087
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