| HB 1209, SB
973 rewritten by legislative services 2-2000: AMEND Senate Bill No. 973* House Bill No.
1209
By adding the following language to precede the enacting clause:
Whereas, President Clinton, in a statement
July 12, 1995, announcing an effort to provide every school district in America with a
statement of principles permitting
religious expression in public schools, said: "Nothing in the First Amendment
converts our public schools into religion-free zones, or requires all religious expression
to be left behind at the schoolhouse door....The public schools also may not discriminate
against private religious expression during the school day."; and
whereas, The 1952 U. S. Supreme Court's Zorach vs. Clauson decision allowing and
encouraging off-campus released time said, in part: " ....but the First Amendment
does not provide that in every and all respects there shall be separation of Church and
State. The people of the United States are a religious people whose institutions
presuppose a Supreme Being, and therefore, when the state encourages religious instruction
or 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;
and to hold that by reason of the First Amendment, a state may not so do would be to
prefer those who believe in no religion over those who do believe."
Now, therefore,
AND FURTHER AMEND by deleting all of the language after the enacting clause and by
substituting instead the following:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 2, Part 1 is amended by adding
the following new section thereto:
Section 49-2-117. When parents request released time religious education classes for their public school children to
their local school board,
1) There must be a released time
provider of instruction and a location which meets parental approval within close
proximity of the school, not further than (1) mile, and not crossing any county or state
boundaries. The one (1) mile restriction shall not apply to any released time program in
existence prior to the effective date of this act;
2) The released time activity must be conducted off public school property;
3) Students must have written permission from their parent/guardian prior to
participation in released time program;
4) Released time costs shall be paid
by the RT provider.
5) Attendance records shall be kept and a copy provided to the school.
6) Released time classes will coincide with existing school class schedules. Released time classes may not substitute for core
math, English, science, history, or social studies classes.
7) Liability insurance shall be maintained by the host facility or instruction provider
on the student participants while attending released time activities. Released time parents and providers assume all
liability while the student is in the custody of the released time program; and
8.) No released time program has to be allowed if only requested by a religious
organization and not the student's parents. There must be support of at least three (3)
different parents requesting the program in order to justify the school allowing the
released time class period.
SECTION 2. Neither the school system, nor any entity of the state government, will
incur any liability during a released time program. Parents, when signing parental
approval for their children to attend this off-campus program, waive any right to hold the
public education system or the state liable. The state is not responsible for the program,
its providers, nor the content. Released time teachers are exempted from state teacher certification as their selection belongs to parents and/or religious leaders
in the community.
SECTION 3. School funding is not affected by
attendance in released time classes as long as the released time providers provide
attendance rolls to the school. Pupils who
attend released time classes shall be credited with time spent as if they had been in
actual attendance in school and the time shall be calculated as part of the actual school
day. "Custodial credit" is not adversely affected by released time; therefore
there is no effect on funding for the school. Pupils shall not be penalized for any school
work missed during released time, with
schools allowing work missed in any regular elective classes to be made up as part of
homework.
By allowing released time in one (1) school, the school system is not required to offer
released time classes in all schools in the system. The school system may only allow
released time programs in as few as one (1) school, if that school is the only location
which meets all the requirements of this act, including accessibility, and provider
availability.
SECTION 4. The definition
"religious" shall have the same meaning as provided in Zorach vs Clauson 343 U.
S. 306 (1952), which presupposes a Supreme Being. Released time shall be only for
religious purposes as protected in the First Amendment to the United States Constitution,
and shall not be used for non-religious programs offered by clubs, civic groups, advocacy
organizations, and other such non-religious organizations.
This act shall take effect upon becoming a law, the public welfare requiring it. |
TIME!