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NEVADA

Nevada

Nevada, like many other states, does not have specific laws regarding Released Time. However, an opinion from the Nevada Attorney General stated that schools may permit students to be excused to attend Released Time class. As a result, a Released Time program in Nevada would need to obtain permission from the local school board for students to participate in the program.

It would also need to ensure compliance with the court approved guideposts 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. An organization that wishes to start a new program should determine who in the school district can authorize a program and make an appointment to see that person. If the principal refers the organization to the school board, it would be wise to meet individually with school board members before presenting the concept at a meeting of the whole board.

General Information

Statutes

None.

None.

Regulations

1954 Nev. Op. Att’y Gen. No. 320

This opinion expressly states that Released Time from public school attendance for the purpose of religious instruction is not authorized by Nevada Laws.

1954 Nev. Op. Att’y Gen. No. 316; 1955 Nev. Att’y Gen. No. 14

These opinions both hold that governing Boards of public schools do not have the authority to allow use of public school buildings or facilities by religious groups for sectarian purposes. If Released Time programs were allowed, the religious instruction could not be given on school property.

1977 Nev. Op. Att’y Gen. No. 9

“At the written request of a pupil's parent(s) a local school board of trustees may permit a pupil to be released from school for limited periods of time for sectarian instruction or devotional exercises at a religious center off school property at the end of a class session or at some other convenient time as determined by the school board of trustees. Weekly reporting of the pupil's attendance by the sectarian group sponsoring such instruction or exercises is a condition for continued release of the pupils.”

Attorney General

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