ARIZONA

Arizona law requires each school district to adopt a policy governing the dismissal of pupils for religious purposes. Such a policy may allow a student to be excused for participation in Released Time, as long as:

1) The person who has custody of the pupil has given written consent, and

2) Any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group.

In addition, any Released Time program would also need to ensure compliance with the court approved guidepost for Released Time programs. These include:

1) The school cannot fund the Released Time program, other than de minimis administrative costs (such as the costs of a school board approving a local Released Time policy).

2) Released Time programs cannot take place on school premises; and

3) Student participation in Released Time programs must be voluntary. There cannot be any coercion on the part of any school official.

However, these three points are not exclusive. One should conduct thorough research on the latest state and federal laws and court decisions to determine if there are any updated guidelines for a Released Time program to follow.

Keep in mind that school officials are not required to approve a program. However, with community support, a carefully researched approach, and a proposal consistent with state law, you should expect success in gaining approval for the program.

General Information

Arizona

A.R.S. § 15-802
§ 15-802. School instruction; exceptions; violations; classification; definitions
Currentness

A. Every child between the ages of six and sixteen years shall attend a school and shall be provided instruction in at least the subjects of reading, grammar, mathematics, social studies and science. The person who has custody of the child shall choose a public, private or charter school or a homeschool as defined in this section to provide instruction or shall sign a contract to participate in an Arizona empowerment scholarship account pursuant to § 15-2402.

B. The parent or person who has custody shall do the following:

1. If the child will attend a public, private or charter school, enroll the child in and ensure that the child attends a public, private or charter school for the full time school is in session. In accordance with guidelines adopted by the department of education, school districts and charter schools shall require and maintain verifiable documentation of residency in this state for pupils who enroll in the school district or charter school. If a child attends a school that is operated on a year-round basis, the child shall regularly attend during school sessions that total not less than one hundred eighty school days or two hundred school days, as applicable, or the equivalent as approved by the superintendent of public instruction.

2. If the child will attend a private school or homeschool, file an affidavit of intent with the county school superintendent stating that the child is attending a regularly organized private school or is being provided with instruction in a homeschool. The affidavit of intent shall include:

(a) The child's name.

(b) The child's date of birth.

(d) The names, telephone numbers and addresses of the persons who currently have custody of the child.

3. If the child will attend homeschool, the child has not reached eight years of age by September 1 of the school year and the person who has custody of the child does not desire to begin home instruction until the child has reached eight years of age, file an affidavit of intent pursuant to paragraph 2 of this subsection stating that the person who has custody of the child does not desire to begin homeschool instruction.

C. An affidavit of intent shall be filed within thirty days from the time the child begins to attend a private school or homeschool and is not required thereafter unless the private school or the homeschool instruction is terminated and then resumed. The person who has custody of the child shall notify the county school superintendent within thirty days of the termination that the child is no longer being instructed at a private school or a homeschool. If the private school or homeschool instruction is resumed, the person who has custody of the child shall file another affidavit of intent with the county school superintendent within thirty days.

D. A person is excused from the duties prescribed by subsection A or B of this section if any of the following is shown to the satisfaction of the school principal or the school principal's designee:

1. The child is in such physical or mental condition that instruction is inexpedient or impracticable.

2. The child has completed the high school course of study necessary for completion of grade ten as prescribed by the state board of education.

3. The child has presented reasons for nonattendance at a public school that are satisfactory to the school principal or the school principal's designee. For the purposes of this paragraph, the principal's designee may be the school district governing board.

4. The child is over fourteen years of age and is employed, with the consent of the person who has custody of the child, at some lawful wage earning occupation.

5. The child is enrolled in a work training, career education, career and technical education, vocational education or manual training program that meets the educational standards established and approved by the department of education.

6. The child was either:

(a) Suspended and not directed to participate in an alternative education program.

(b) Expelled from a public school as provided in article 3 of this chapter.1

7. The child is enrolled in an education program provided by a state educational or other institution.

E. Unless otherwise exempted in this section or § 15-803, a parent of a child between six and sixteen years of age or a person who has custody of a child, who does not provide instruction in a homeschool and who fails to enroll or fails to ensure that the child attends a public, private or charter school pursuant to this section or fails to sign a contract to participate in an empowerment scholarship account pursuant to § 15-2402 is guilty of a class 3 misdemeanor. A parent who fails to comply with the duty to file an affidavit of intent to provide instruction in a homeschool is guilty of a petty offense.

F. If a child will be educated pursuant to an empowerment scholarship account pursuant to § 15-2402, the department of education shall provide a list of students participating in empowerment scholarship accounts to the school superintendent of the county where the pupil resides.

G. For the purposes of this section:

1. “Educated pursuant to an empowerment scholarship account” means a child whose parent has signed a contract pursuant to § 15-2402 to educate the child outside of any school district or charter school and in which the parent may but is not required to enroll the child in a private school or to educate the child through any of the methods specified in § 15-2402.

2. “Homeschool” means a nonpublic school conducted primarily by the parent, guardian or other person who has custody of the child or nonpublic instruction provided in the child's home.

3. “Private school” means a nonpublic institution, other than the child's home, where academic instruction is provided for at least the same number of days and hours each year as a public school.

A.R.S. § 15-806
§ 15-806. Excuse from school attendance
Currentness

A. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils for religious purposes. The policy may permit a pupil to be excused from school attendance for religious purposes, including participation in religious exercises or religious instruction. If the policy permits a pupil to be excused for religious purposes, the policy shall stipulate the conditions under which the excuse will be granted. These conditions shall include at least the following:

1. The person who has custody of the pupil has given written consent.

2. Any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group.

B. The governing board of each school district and the governing body of each charter school shall adopt a policy governing the excuse of pupils from school attendance. The policy shall require the school district to apply to the department of education for authorization of school closure for the following reasons:

1. Widespread illness for any period of three consecutive days or more.

2. Adverse weather conditions for any period of three consecutive days or more.

3. Concerted refusal by students to attend classes for any period of three consecutive days or more.

4. Threats of violence against school property, school personnel or pupils for any period of one day or more.

5. Situations affecting the safety of persons or property resulting from fire, flooding or floodwater, an earthquake, a hazardous material event or another cause if approved by the department of education.

Statutes

None.

Regulations

1976-1977 Ariz. Op. Att’y Gen. No. R76-292

A child may be permitted to be absent from public school for religious purposes as long as consent has been obtained on an annual basis from all teachers, school presidents and probation officers. The total number of days of excused religious absences, however, must be reasonable in order that the exemption for excused absences not be abused.

1995 Ariz. Op. Att’y Gen. No. R94-35

The opinion acknowledges the factual differences between the question at hand and the facts arising in Lanner v. Wimmer. The opinion states that in Lanner, the students” participated in the release-time program in good faith with the expectation of receiving academic credit.” The court ruled it would be “grossly unfair and inequitable to invalidate already earned academic credit.” This opinion states that awarding high school academic credits for Released Time participation not pursuant to and in violation of a written policy does not allow the academic credit to be granted.

Attorney General

Zorach v. Clauson, 343 U.S. 306 (1952).

The U.S. Supreme Court upheld a Released Time program that allowed students to leave school during the day for religious instruction off school property. The Court found the program constitutional because participation was voluntary, no public funds were used for instruction, and the program took place off campus.

Newdow v. Rio Linda Union Sch. Dist., 597 F.3d 1007 (9th Cir. 2010).

In Newdow, the 9th Circuit referenced Zorach v. Clauson, describing it as a case “in which school children were allowed to be excused from public schools for religious observances and education.” Id. At 1026.

Other court decisions by the 9th Circuit Court of Appeals have referenced Zorach in a similar manner. See e.g., Prince v. Jacoby, 303 F.3d 1074, 1099 (9th Cir. 2002) (stating that Zorach upheld “release time program where religious classes were not held on school property and there was no indication that the public schools enforced attendance at religious schools by punishing absentees from the released time programs for truancy.” (internal quotations omitted)); Cammack v. Waihee, No. 87-15073, 1991 U.S. App. LEXIS 18115 at *38 (9th Cir. Aug. 9, 1991) (stating that in Zorach, “the Court rejected an establishment clause challenge to a program whereby public schools released students for a limited time for off-campus religious instruction”); Collins v. Chandler Unified School Dist. 644 F.2d 759, 761 (9th Cir. 1981) (stating that in Zorach, the U.S. Supreme Court held that “releasing students to attend religious activities off school grounds [is] constitutionally valid”).

*The rulings of the 9th Circuit Court of Appeals are binding precedent in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

Case Law

ARIZONA

Released Time

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