Suggested Policy for Released Time for Religious Instruction

1. DEFINITION OF "RELEASED TIME FOR RELIGIOUS INSTRUCTION'
'Released Time for Religious Instruction" is a First Amendment liberty. It
provides religious educational choice for parents of children in public
school to arrange off-campus religious instruction with outside providers
during compulsory school hours. Released time is the voluntary opportunity
for students with parental permission to attend religious classes or events
during the school day. Such time away from school property is not counted
as an absence and is counted as part of the school day as custodial credit.

2. BACKGROUND INFORMATION
In Zorach v. Clauson (1952), the Supreme Court upheld released time
programs For religious education. The controlling factors were that the
program in Zorach was conducted off the school campus and no public funds
were used to finance it. This decision has been quoted in many
church/state Supreme and lower court decisions and upheld over the years.
Therefore, any Sullivan county released time programs will be conducted off
school campus and will not be supported by tax dollars.

3. POSITION OF THE UNITED STATES DEPARTMENT OF EDUCATION

Released time is recognized as a viable and legitimate opportunity for
public school students. The Secretary of the United States Department of
Education in a memorandum to school superintendents, dated August 10,1995,
stated: "Subject to applicable State laws, schools have the discretion to
dismiss students to oft-premises religious instruction, provided that
schools do not encourage or discourage participation or penalize those who
do not attend. Schools may not allow religious instruction by outsiders on
school premises during the school day."

4. CRITERIA FOR ACCOMMODATING RELEASED TIME BY SCHOOL LOCATIONS

Requests for released time by released time advocates should be directed to
the principal of the proposed school. The school should follow the
Guidelines [or Released Time in considering and implementing a released
time program. (The exception to this is that any parent or guardian can
personally sign out and pick up a child for religious instruction or a
religious event without meeting any of these criteria.)

GUIDELINES FOR RELEASED TIME

1. LEGAL CRITERIA

A. Released time is only allowed for religious instruction as defined in
the Zorach-Vs-Clauson Supreme Court decision. The Zorach decision states
in part: '...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 co-operates 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."

B. Persons requesting Released Time must have sponsorship by at least two
or more recognized and active Sullivan county religious institutions which
are working cooperatively as a community effort to sponsor Released lime.
At least one (1) of the sponsoring religious institutions must have
non-profit 501 c 3 status with the Internal Revenue Service, (could add,
must be legally recognized in the state of Tennessee,) and must be listed
under IRS religious activity codes from 001 through 029 as its primary
purpose. (Codes 001 - 029 are: churches, synagogues, associations of
churches, religious orders, church auxiliaries, missions, missionary
activities, evangelism, other religious activities.)

2. PROGRAM CRITERIA To BE MET
A. Is there sufficient demand for a program?

In order to determine if there is sufficient interest, a survey of parents
may be completed and paid for by Released lime advocates. However, if the
Principal deems there is already sufficient interest of seven students and
their families for any one program, a survey is unnecessary.

B. Is there a facility able to host a released time program?

Parents, by signing permission forms for their children to attend, assume
responsibility and oversight that the facility meets their approval. The
School Board maintains that liability insurance be carried on the facility
and the students as they travel to and from the site and while they are in
the facility.
C. Are there released time providers for instruction which have agreed to
meet the request of parents to whom the school may release students?

If yes, then parents, by signing permission forms, agree to allow the
school to release students to the care of the released time instructors.
Parents assume all responsibility of oversight.

D. Will released time work within the schedule?

Released time may take place during non-core subjects such as any of the
Related-Arts curriculum (study hall, P.E., guidance, art, music, etc.) or
as a substitute for the family life course or for an elective course.
Other non-core subjects may also be considered. Released time classes may
be held as little as one class period per week or as much as a daily
elective.

E. How is Released lime evaluated?

The first Released Time course at any given school location will be a pilot
program, subject to evaluation by parents, students, released-time
providers, and school faculties. Should any major factors change, such as
adding other grades or changing the released-time schedule, the Principal
may "pilot" these changes and subject these changes to the same evaluation
process. The weight of the evaluation rests with the parents.
2. IMPLEMENTATION

A. Parents or released time personnel requesting a released time program
for the first time should notify in writing the School Board and the
Superintendent that such a request has been or will be placed before the
administration of any named school. The written request should outline the
following information:

(1) Name of sponsoring churches or religious organizations
(2) Name of school
(3) Requested grade level(s) and preferred schedule
(4) Statement that the released time providers will assume the full
financial responsibility for all aspects of the program
(5) Statement that the released time providers are solely responsible for
the supervision of the program and security of students from the time of
release to the time of return to the school(s)
(6) Proof of liability insurance coverage to include supervision, safety,
and transportation of students to and from the program including at all
times students are not on school property, and that the released time
providers will indemnify and hold harmless the district, its agents and
employees from any and all liability arising from any aspect of the operation of the
program
(7) Name, address, and phone number of contact person

A school receiving a released time program request shall act to either
grant or deny the request within twenty (20) days of its receipt. Any
decision to deny the released time request shall be reduced to a writing
that sets forth all reasons for the denial. Released time personnel, any
parent or person standing in loco parentis to any child attending the
school that has denied a program request and is aggrieved by the denial,
shall have the right to appeal the matter to the Board by serving a written
petition upon the Chair of the Board and the Principal of the school that
has denied the released time request within ten (10) days from the date
upon which a copy of the decision to deny was received by the parents or
released time personnel requesting a released time program. The parents' or
released time personnel appeal petition shall include a copy of the school
administration's decision denying the released time request plus a brief
statement (1) of the questions to be presented to the Board, and (2)
wherein the parents or released time personnel believe the school
administration erred in its judgment. Upon receiving the appeal petition
of the parent(s) or released time personnel, the Chair will, at the next
regularly scheduled meeting of the Board, present to the Board the appeal
of the parent(s) or released time personnel. The Board's hearing of the
appeal shall be not less than ten (10) nor more than twenty-one (21) days
after receiving the appeal, and a written notice of the time and place of
the hearing shall be given the parent(s) and released time personnel not
less than five (5) days prior to the date of the hearing.

B. How should parental consent be obtained?

The group(s) which sponsor the released time program should take
responsibility for distributing the consent forms to parents. They can be
mailed directly to parents. The school may provide personally identifiable
student record information, such as addresses and phone numbers, to
released time personnel as permitted by the Family Education Right of
Privacy Act (20 LJ.S.C.1231G) and/or Tennessee state law, and after
consultation with the school district's legal counsel. Additional
permission forms may be provided by released time personnel to school
principals in case parents request such forms. Students must have written
permission from their parent/guardian prior to participation in released
time programs. By signing the permission form, parents are accepting
responsibility for the student while attending the activity and while going
to and from the place it is held. Permission for released time activities,
once given, will remain in effect unless revoked by parents in writing.
Permission must be granted again once students change schools. Consent
forms are to be returned to the school(s) so that principals can verify
that each child has received parental permission to participate. Released
time personnel will need access to permission forms in order to make copies
for their records.

C. What information should parents receive about the released time program?
The school may provide general written notice to parents regarding the
existence of a released time program. The purpose and focus of such a
notice is to promote public understanding of the fact that the released
time program is not school sponsored or funded and that its structure,
content, implementation, and supervision are the exclusive province and
responsibility of participating parents and released time personnel.

IX In what manner should students be released from the public schools?
School officials should attempt to excuse students for released time in the
same manner that students are released for other purposes. Intercom or
teacher announcements such as "released time students are now dismissed'
are permissible if necessary. School employees may not comment positively
or negatively on the released time program to students. They may not make
positive or negative comments about the students themselves for attending
or not attending released time. General conversation about released time,
if initiated by the student, is not a problem as long as school employees,
while in their public duties, act neither to inhibit nor promote
participation.

Employees of the school division may, to the extent necessary for the
orderly administration of the schools, escort those students enrolled in
released time to an appropriate outside location of the school building,
and may escort students from that location back to the classroom as
students return to the school. Released time personnel may accompany
students to and from the school building to the location where the
instruction takes place off of school grounds. Released time personnel may
have access to school facilities, teachers, and administration for
administrative purposes, far meetings, for emergencies, and for other
purposes as deemed necessary. The role of being a released time instructor
should in no way Impact upon the individual's rights as a free citizen in
the community.

E. How should students be transported to released time programs?

Released Time personnel are responsible for providing chaperones for the
students as they are transported to and from the school. If motor
transportation is feasible, no public funds can be used to transport
students to released time activities. It is the responsibility of RT
personnel to operate its transportation program in conformity with all
applicable laws and regulations. Parents, by signing permission forms to
allow their children to attend released time religious instruction, waive
all rights to hold the school liable in the event of accident or injury
during transport or while away at the released time activity.

F. How is scheduling of released time to be done?
Each school, which accommodates released time, works out its own schedule.
The principle plays a key role in how a released time program is scheduled.
However, conflict with core academic subjects such as math, English, and
science must be avoided. The amount of time allowed may vary from a low of
one class per week to as much as a daily elective if scheduling permits.

G. Can students receive academic credit for released time?
In the elementary grades, academic credit is not an issue. Students,
whether in elementary, middle school, or high school all receive "custodial
credit" and are not counted absent. However, released time personnel are
free to pursue academic recognition from the state of Tennessee for middle
school or high school elective classes which meet daily either for a
six-week course or for a semester course. Legally, school officials may
not supervise the religious content and teaching of released time courses.
School faculties may not monitor content based upon religious criteria but
only upon academic criteria.

H. How are attendance records to be kept?
Released time personnel should take roll at the beginning of released time
class and immediately provide a copy to school administration in order to
check for any truancy. All students who have permission to attend should
be attending released time consistently according to parental wishes.

How are cases of truancy from released time to be handled?

Public school officials may not punish students for being absent from
released time. This is to be handled by released time personnel and the
parents. However, the public school may deny permission to attend released
time to students who have a habit of abusing their privilege of attending
the released time class and seeking to deceive the school officials.

J. How are cases of student misconduct to be handled while in released
time?

All discipline issues are to be resolved by released time
personnel and parents. The school is not to be involved. However,
released time personnel should inform the school about problems that could
be carried over to the school. If students share information about
incidents which have occurred on school property or there are serious
situations revealed which need further investigation, released time
personnel should inform the principal.

K. How is class work to be handled if missed during released time
attendance?

Students are not to be penalized, but allowed to make up any work
necessary.

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!