LEGAL INFORMATION

Legality of Released Time . . .

In 1952, the United States Supreme Court approved Released Time Christian Education programs with these words:

"When the state encourages religious instruction and cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions. For it then respects the religious nature of our people and accommodates the public service to their spiritual needs. To hold that it may not would be to find in the Constitution a requirement that the government show a callous indifference to religious groups. That would be preferring those who believe in no religion over those who do believe. ... 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."
(Zorach vs. Clauson, 343 U. S. 313, 1952)

The controlling facts were that the program in Zorach was conducted off the school campus and no public funds were used to finance it. Despite being forty years old, Zorach is still a valid decision. The Supreme Court and lower federal courts continue to cite it approvingly. In one recent case (Meek v. Pittenger, 1975) a federal court held a Released Time program similar to one in Zorach unconstitutional, arguing that Zorach was no longer considered good law by the Supreme Court. The federal circuit court reversed that ruling saying that Zorach had not been abandoned. The Supreme Court refused to review the circuit court's decision, implying that it was correct.

In Lanner v. Wimmer (10th Cir. 1981), it was ruled that a school district or state may count the time that students spend in a Released Time program in its formula for allocating state funding, and give credit for time spent in Released Time programs in order to meet the number of hours students are required to be in the custody of the school.

In Tennessee in Wiley v. Franklin (1979), the United States District Court ruled that: "a program permitting release of students from public school during regular classroom hours to enable them to receive religious instructions of their choice from teachers other than public school teachers and at premises other than school premises will pass constitutional muster under both the establishment clause and the free exercise clause ..." (Wiley at 146)

The Education Regulations of the Tennessee Board of Education says that Released Time is allowed subject to the discretion of the local school board.

Guidelines for School Board and Faculty

A Released Time program, if properly established and administered, is constitutional. Following are several precautions which are based upon court decisions on Released Time.

1. The Released Time classes may not be held on school premises. (1952 Zorach v. Clauson, 343 U.S. 306)

2. Classes may not be financed by tax dollars. The United States Supreme Court said in a 1947 case: "No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion." (1947 Everson v. Board of Education, 330 U.S. 1, 16) Some minor, incidental but necessary administrative costs, such as those incurred in filing attendance reports have been considered to be too insignificant to violate the general rule. (1975 Holt v. Thompson, 66 Wis. 2d 659, 225 N.W. 2d 678, 683) Also, the practice of schools furnishing attendance forms for Released Time classes' use was upheld in one case. (1981 Lanner v. Wimmer, 662 F.2d 1349, 1363.)

3. The school may generally not supervise the content and teaching of Released Time courses because it might excessively entangle the state in religious matters. The school system moves dangerously close to an unconstitutional position if demands are made to see the curriculum and how it relates to the school's education goals. However, Released Time personnel can share the broad goals and specific objectives. (1948 McCollum v. Board of Education, 333 U.S. 203, 208; 1959 Perry v. School District No. 81, 344 P. 2d 1036, 1038)

4. Public school officials may not punish pupils who are truant form Released Time classes. To do so would be tantamount to religious coercion in violation of the First Amendment right of religious free exercise. However, the public school may require attendance reports from Released Time administrators, since the school has a legitimate interest in knowing the whereabouts of its students during school hours. Also, the public school may deny permission to attend Released Time classes to students who in the past requested the privilege but did not attend. This has been characterized as preventing students from abusing a privilege and deceiving the authorities, rather than punishing truancy. (1952 Zorach v. Clauson, 343 U.S. 30, 311, n. 6; 1981 Lanner v. Wimmer, 662 F 2d 1349, 1358-59; 1975 Holt v. Thompson, 66 Wis. 2d 659, 225 N.W. 2d 678, 682)

5. A school district or state may grant academic elective credit for attendance at Released Time classes but only if doing so does not require the school to monitor the content of the course based upon religious criteria. (1981 Lanner v. Wimmer, 662 F. 2d 1360-61)

6. School officials should excuse students for religious instruction in the same manner that they release students for other purposes. It should be in a manner that does not stigmatize either the students excused nor those remaining. Thus, it is best if public school teachers and administrators do not comment specifically about the nature of the Released Time program or on the students who choose to attend or not to attend. (1952 Zorach v. Clauson, 343 U.S. 306, 311)

7. School administrators and teachers are not permitted to encourage or discourage students from participating in a given program. (1952 Zorach v. Clauson, 343 U.S. 306, 311)

8. Public school teachers or administrators may distribute parent consent cards or Released Time Program literature in the public school classrooms as part of take home packets containing a variety of non-school sponsored activities available to the children, such as Boy Scouts, Book Clubs, FHA and the like. Also, school officials may make announcements in the public schools concerning Released Time classes only if other non-school programs and activities are also announced as standard policy during the school year. Such announcements can be informative only and not an encouragement nor a discouragement to attend. Student clubs can invite presentations by Released Time personnel. Literature can be distributed by students. (1959 Perry v. School District No. 81, 344 P. 2d 103, 1037-38)

9. A school district or state may give credit for time spent in a Released Time Program in order to meet the number of hours students are required to be in the custody of the school ("custodial credit"). (1981, 10th Circuit, Lanner v. Wimmer, 662 F. 2d 1349, 1356, 1362 )

For further information or to sign up
please call: (423)378-4863
Tennessee Released Time Christian Education
P. O. Drawer 6
Kingsport, TN 37662

BETTER KIDS MAKE BETTER SCHOOLS!