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UTAH

Utah

While Utah state law does not specifically address Released Time, regulations adopted by the Utah Board of Education gives each local school the option permitting students to participate in Released Time upon receiving a written request from a parent. Students may be released for up to one hour per week. The regulations also permit schools to grant elective credit for participation in Released Time classes.

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.

An organization that wishes to start a new program should determine who in the school district has authority to 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.

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

Or. Rev. Stat. Ann. § 339.420

“Upon application of the parent or guardian of the child, or, if the child has attained the age of majority, upon application of the child, a child attending the public school may be excused from school for periods not exceeding two hours in any week for elementary pupils and five hours in any week for secondary pupils to attend weekday schools giving instruction in religion.”

Statutes

Utah Admin. Code R277-610-3

“(1) A student may attend released-time classes during the regular school day only upon the written request of the student’s parent or legal guardian.

(2) A public school may not maintain records of attendance for released-time classes or use school personnel or school resources to regulate such attendance.

(3) (a) A teacher of a released-time class is not a member of the public school faculty. (b) A released-time teacher may participate in school activities as a community member.

(4) A public school teacher, administrator, or other official may not request teachers of released-time classes to exercise functions or assume responsibilities for the public school program which would result in a commingling of the activities of the school and the released-time class sponsor.

(5) (a) A public school class schedule or course catalog may not include a released-time class by name. (b) At the convenience of the school, a registration form may contain a space for a released-time designation.

(6) A public school publication may not include pictures, reports, or records of released-time classes.

(7) Public school personnel may not participate in released-time classes during work hours.

(8) A released-time class may not use school resources or equipment.”

Utah Admin. Code R277-610-4

“(1) A religious class may not be held in school buildings or on school property in any way that permits public money or property to be applied to, or that requires public employees to become entangled with, any religious worship, exercise, or instruction.

(2) Religious released-time scheduling shall take place on forms and supplies furnished by the religious institution and by personnel employed or engaged by the institution and shall occur off public school premises.

(3) (a) A public school may not connect bells, telephones, computers or other devices between public school buildings and institutions offering religious instruction, except as a convenience to the public school in the operation of its own programs. (b) When any connection of devices is permitted, the costs shall be borne by the respective institutions.

(4) Records of attendance at religious released-time classes, grades, marks, or other data may not be included in the correspondence or reports made by a public school to parents.

(5) (a) Institutions offering religious instruction are private programs or schools separate and apart from the public schools. (b) Those relationships that are legitimately exercised between the public school and any private school are appropriate with institutions offering released-time classes, so long as public property, public funds, or other public resources are not used to aid such institutions.

(6) A public school may grant elective credit for religious released-time classes if the public school establishes neutral, non-entangling criteria with which to evaluate the released-time courses.”

Regulations

1969 Utah Op. Att’y Gen. No. 99

“In the Zorach case of 1952, the United States Supreme Court upheld a released-time program. In that case, the children were permitted to leave the school grounds to go to religious centers of instruction to obtain religious education. Such is part of the released-time program in Utah. Students not released remained in their classrooms. Such is also part of the released-program in Utah. And all costs of the operation were paid by the religious organization. Such is also part of the released program in Utah. The majority opinion refused to find a violation of either the free exercise or the establishment clauses of the First Amendment to the United States Constitution and indicated that no all relationships between state education and religion were prohibited. However, two excerpts from the opinion are important:

1. . . . Governor may not finance religious groups nor undertake religious instruction nor blend secular and sectarian education nor use secular institutions to force [*7] one or some religion on any person. But we find no constitutional requirement which makes it necessary for government to be hostile to religion and to throw its weight against efforts to widen the effective scope of religious influence. The government must be neutral when it comes to competition between sects. It may not thrust any sect on any person.

2. In the McCollum case, the classrooms were used for religious instruction, and the force of the public school was used to promote that instruction.

Therefore, the present status of the opinions of the United States Supreme Court is that not all forms of released-time programs violate the First Amendment to the United States Constitution. Since the free exercise and establishment clauses of the Utah State Constitution be noted, however, that the Utah State Constitution in its prohibitions against state support of religious activity goes beyond the restrictions contained in the United States Constitution:

1. The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No property qualification shall be required of any person to vote, or hold office, except as provided in this Constitution.

2. The Legislature shall make laws for the establishment and maintenance of a system of public schools, which shall be open to all children of the State, and be free from sectarian control.

3. The Legislature shall provide for the establishment and maintenance of the uniform system of public schools, which shall be open to all children of the State, and be free from sectarian control.

4. Neither religious nor partisan test or qualification shall be required of any person, as a condition of admission, as teacher or student, into any public educational institution of the State.

5. Neither the Legislature nor any county, city, town, school district or other public corporation, shall make any appropriation to aid in the support of any school, seminary, academy, college, university or other institution, controlled in whole, or in part, by any church, sect or denomination whatever.

Thus, the Utah State Constitution clearly seems to contemplate a formidable wall of separation between church and state.”

The opinion also states that “although the Utah State Constitution is more specific in some instances than the United States Constitution with respect to public education and religion, the language of the Utah State Constitution would not appear to prohibit a properly conducted released-time program i.e., so long as the denominated religion involved did not exercise any control over public education or so long as the released-time program was not otherwise contrary to the free exercise and establishment clauses of the Utah State Constitution.”

Attorney General

Dilger v. School District, 352 P2d 564 (1960)

In Dilger, the Supreme Court of Oregon upheld the validity of the Oregon Released Time Statute. The court ruled that, in one sense, the statute is mandatory because the child must be excused upon a proper application. In another sense, the statute is discretionary in permitting the administrator of the school to adjust the time within which the child will be released. Id. at 568. The court emphasized that although the statute states a child “may be excused,” it is proper to construe the word “may” as meaning “shall” in order to carry out the intention of the legislature. Id. In conclusion, the school officials must grant parents’ permission to have their children released for religious instruction. On the other hand, the public school may dictate the days and time the children may be excused.

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