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FLORIDA

Florida

Florida is one of several states that requires school boards to adopt a policy allowing a student to be excused to participate in Released Time at the request of a parent.

This statute opens the door for Released Time in every school district in the state. Released Time programs should be operating in every school in the state to ensure that students are able to take advantage of their right under state law to participate in religious instruction.

All programs 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.

General Information

Florida

West's F.S.A. § 1003.21
1003.21. School attendance
Currentness

Current through the 2025 Regular Session of the Florida Legislature.

(2)(a) The State Board of Education may adopt rules under which students not meeting the entrance age may be transferred from another state if their parents have been legal residents of that state.

(b) Each district school board, in accordance with rules of the State Board of Education, shall adopt policies authorizing a parent to request and be granted permission for absence of a student from school for:

1. Religious instruction or religious holidays.

2. An appointment scheduled to receive a therapy service provided by a licensed health care practitioner or behavior analyst certified pursuant to s. 393.17 for the treatment of autism spectrum disorder, including, but not limited to, applied behavioral analysis, speech therapy, and occupational therapy.

(3) The district school superintendent may authorize certificates of exemptions from school attendance requirements in certain situations. Students within the compulsory attendance age limits who hold valid certificates of exemption that have been issued by the superintendent shall be exempt from attending school. A certificate of exemption shall cease to be valid at the end of the school year in which it is issued.


West's F.S.A. § 1002.20
1002.20. K-12 student and parent rights
Currentness

Current through the 2025 Regular Session of the Florida Legislature.

Parents of public school students must receive accurate and timely information regarding their child's academic progress and must be informed of ways they can help their child to succeed in school. K-12 students and their parents are afforded numerous statutory rights including, but not limited to, the following:

(1) System of education.--In accordance with s. 1, Art. IX of the State Constitution, all K-12 public school students are entitled to a uniform, safe, secure, efficient, and high quality system of education, one that allows students the opportunity to obtain a high quality education. Parents are responsible to ready their children for school; however, the State of Florida cannot be the guarantor of each individual student's success.

(2) Attendance.--

(a) Compulsory school attendance.--The compulsory school attendance laws apply to all children between the ages of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a), and, in accordance with the provisions of s. 1003.21(1) and (2)(a):

1. A student who attains the age of 16 years during the school year has the right to file a formal declaration of intent to terminate school enrollment if the declaration is signed by the parent. The parent has the right to be notified by the school district of the district's receipt of the student's declaration of intent to terminate school enrollment.

2. Students who become or have become married or who are pregnant and parenting have the right to attend school and receive the same or equivalent educational instruction as other students.

(b) Regular school attendance.--Parents of students who have attained the age of 6 years by February 1 of any school year but who have not attained the age of 16 years must comply with the compulsory school attendance laws. Parents have the option to comply with the school attendance laws by attendance of the student in a public school; a parochial, religious, or denominational school; a private school; a home education program; or a private tutoring program, in accordance with the provisions of s. 1003.01(16).

(c) Absence for religious purposes.--A parent of a public school student may request and be granted permission for absence of the student from school for religious instruction or religious holidays, in accordance with the provisions of s. 1003.21(2)(b) 1.

(d) Absence for treatment of autism spectrum disorder.--A parent of a public school student may request and be granted permission for absence of the student from school for an appointment scheduled to receive a therapy service provided by a licensed health care practitioner or behavior analyst certified pursuant to s. 393.17 for the treatment of autism spectrum disorder pursuant to ss. 1003.21(2)(b) 2. and 1003.24(4).

(e) Dropout prevention and academic intervention programs.--The parent of a public school student has the right to receive written notice by certified mail or other method agreed to by the parent before placement of the student in a dropout prevention and academic intervention program and shall be notified in writing and entitled to an administrative review of any action by school personnel relating to the student's placement, in accordance with s. 1003.53(5).


Rule 6A-1.09514, F.A.C.
Fla. Admin. Code r. 6A-1.09514
6A-1.09514. Excused Absences for Religious Instruction or Holiday.
Currentness

Effective Date: 5/3/2010

(1) Release time during the school day to participate in religious instruction. Each school district which chooses to permit release time during the school day for students to participate in religious instruction shall adopt rules to implement Section 1003.21(2)(b), F.S. The school district's rules shall include, but are not limited to, the following:

(a) Provisions establishing the procedures and time frames under which each religious institution which offers religious instruction will make its attendance records available to the school district. Such provisions shall not impair nor impede the school district's established system of attendance recordkeeping although the school district may make adjustments in its system as long as the school district continues to comply with Sections 1003.23 and 1003.436, Florida Statutes, and Rule 6A-1.044, F.A.C.

(b) Provisions establishing the school district's requirements for the acceptance by the religious institution or parents of responsibility for any liability involving students on release time. Such requirements shall as a minimum require the religious institution or parents to indemnify the school district and hold it harmless with respect to any liability arising from conduct which does not occur on property under the control or supervision of the school district, and to maintain adequate insurance for that purpose.

(c) Provisions which assure that decisions on requests for release time properly take into account the district's pupil progression plan as stated in Section 1003.21(1)(b), F.S.

(d) Provisions which give parents and students an opportunity to be heard in connection with a decision to terminate the permission given to a student to attend religious instruction during the school day.

Statutes

Fla. Admin. Code Ann. r. 6A-1.09514

“(1) Each school district which chooses to permit release time during the school day for students to participate in religious instruction shall adopt rules to implement Section 1003.21. The school district’s rules shall include, but are not limited to, the following:

(A) As used in this section, “released time” means a period of time during which a student is excused from school to attend a course in religious instruction conducted by a private entity off school district property.

  1. Provisions establishing the procedures and time frames under which each religious institution which offers religious instruction will make its attendance records available to the school district. Such provisions shall not impair nor impede the school district’s established system of attendance recordkeeping although the school district may make adjustments in its system as long as the school district continues to comply with Sections 1003.23 and 1003.436, F.S. and Rule 6A-1.044, F.A.C.
  2. Provisions establishing the school district’s requirements for the acceptance by the religious institution or parents of responsibility for any liability involving students on release time. Such requirements shall as a minimum require the religious institution or parents to indemnify the school district and hold it harmless with respect to any liability arising from conduct which does not occur on property under the control or supervision of the school district, and to maintain adequate insurance for that purpose.
  3. Provisions which assure that decisions on requests for release time properly take into account the district’s pupil progression plan as stated in Section 1003.21.
  4. Provisions which give parents and students an opportunity to be heard in connection with a decision to terminate the permission given to a student to attend religious instruction during the school day.

Regulations

Attorney General

None.

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

The U.S. Supreme Court in Zorach 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.

Jaffree v. Wallace, 705 F.2d 1526 (11th Cir. 1983)

In 1983, the 11th Circuit decided Jaffree, a case on school prayer. In that case, the court discussed Zorach v. Clauson (the U.S. Supreme Court case upholding constitutionality of released-time programs) as a case in which “religious instruction off school grounds implemented by [a] New York school board [was] held constitutional.” Id. at 1535.

Benning v. Georgia, 391 F.3d 1299 (11th Cir. 2004)

In Benning, the 11th Circuit cited Zorach as the case in which the U.S. Supreme Court held that “Public schools may establish programs providing release time for the religious instruction of students.” Id. at 1310.

*The rulings of the 11th Circuit Court of Appeals are binding precedent in Alabama, Florida, and Georgia.

Case Law