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State-By-State Analysis |
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Released Time Laws and Guidelines for
Virginia
Updated July 2009
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SUMMARY for Virginia
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General Information
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Virginia, 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 Virginia does not have specific laws regarding Released Time, a Released Time program in Virginia 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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Virginia Department of Education
Website: http://www.pen.k12.va.us/
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DETAILS for Virginia
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Statutes
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The Virginia compulsory attendance law (section 22.1-254) requires that all children; ages 5-16 (inclusive), must attend a public school "or a private, denominational or parochial school." Parents may, as an alternative, have their children receive their education from a tutor or provide for the home instruction of their children. VA. CODE ANN. ยง 22.1-254
There is no express statute either prohibiting or permitting public school students to be released to attend religious instruction.
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Regulations
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Each school district may establish its own Released Time program subject to the guidelines of Smith v. Smith, infra. Excusing a student is up to the discretion of the local school board.
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Case Law
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Smith v. Smith 523 F. 2d 121 (1975) Cert. Denied 423 U.S. 1073
In Smith, an action was brought to challenge a Released Time program whereby public school students were released during school hours for religious instruction off school premises by a nonprofit organization supported by a council of churches. The U.S. Court of Appeals held that it was their duty to follow the Zorach v. Clauson test (343 U.S. 306, (1952)) which held that the Released Time programs for religious instruction were constitutional as long as they did not involve public funds or take place on public school property (Smith, at 123).
The Harrisonburg Released Time program, therefore, was constitutional since it 1) had a secular purpose in accommodating the wishes of the parents, 2) did not excessively entangle the state with religion since the religious instruction did not take place in the class rooms, and 3) its primary effect neither advanced nor inhibited religion. The Court concluded,
..public school cooperation with the religious authorities in Zorach and the instant case is a largely passive and administratively wise response to a plenitude of parental assertions of the right to direct the upbringing and education of children under their control (Smith, at 125).
Thus public school cooperation with Released Time programs for religious instruction is constitutional and "administratively wise."
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