Religious Freedom News
In the last 5 years, “Released Time” programs have exploded across the nation as an extension of children’s public school education. What was once a well-kept secret is now out. Children can be picked-up from public school, taken off-site for religious instruction (usually to a church or synagogue), and then returned to public school to resume their school day. As long as a Released Time program meets the criteria in the 1952 U.S. Supreme Court (“Court”) case¹, there is no violation of the establishment clause. As a result, Released Time programs are gaining momentum and expanding across the nation.
The U.S. Supreme Court Case
In 1952, a New York City law allowed students in public schools to be released during school hours for off-premises religious instruction. The public school’s role in the process was mostly administrative, checking when students left and when they returned. Parental permission was required, students were not coerced to attend, and public funds were not used to transport students or pay for the program. Nonetheless, someone challenged the law claiming that it violated the establishment clause of the First Amendment. Stating the challenge another way: did the school or government’s role in the program “establish a religion”? The Court’s answer was “no,” these programs are permitted when they meet the criteria in the 1952 case. However, it is important to recognize that once a Released Time program veers from the characteristics or standards in the case, it runs the risk of violating the establishment clause.
How is This Constitutional?
The First Amendment has two religion clauses: (1) the establishment clause, and (2) the free exercise clause. The establishment clause prohibits the government from establishing a religion. The free exercise clause guarantees individuals the right to free exercise of their religion.² The two work together. Thus far, the Court has answered the establishment clause portion: Released Time programs do not violate the establishment clause when they meet the criteria in the U.S. Supreme Court case. However, the Court has not answered the other half of the question: whether parents’ First Amendment right to free exercise of religion includes the right to participate in a Released Time program at their public school. In other words, is the public school required to allow a Released Time program? The answer is, we do not know. The Court has not decided that issue yet, but it is certainly leaning toward the parents’ favor.³
Until someone brings such a case, and the Court decides the issue, there is ample constitutional law to support requests for Released Time programs nationwide. Just this summer, the Court supported religious freedom in public schools stating, “the right of parents to direct the religious upbringing of their children would be an empty promise if it did not follow those children into the public school classroom.” The Court reiterated that there are “limits on the government’s ability to interfere with a student’s religious upbringing in a public school setting. Mahmoud v. Taylor.4 This language is a strong anchor for any Released Time request.
State and Local “Accommodations” For Release Time Programs
Additionally, several states have laws and court decisions permitting Released Time programs in the state. Local school districts can also permit Released Time programs. For example, Georgia does not have a law requiring public schools to permit Release Time programs, but some local school districts accommodate parents’ and students’ rights to free exercise of religion and allow them. LifeWise Academy, which is a nonprofit entity that provides Christian Released Time programs nationwide, is an example.
If you are interested in starting a Released Time program, you can research them online (with and without a hyphen: released time and released-time). Also, consult with legal counsel. It is essential that your program meets the appropriate criteria established by the Court’s decision in the 1952 case and state law.
For a map of state-by-state laws supporting Released Time programs, click here.
¹ Zorach v. Clauson, 343 U.S. 306 (1952).
² The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. CONST. amend. I (emphasis added)
³ Kennedy v. Bremerton School Dist., 597 U. S. 507 (2022);
4 Mahmoud v Taylor, 606 U.S. ___ (temp. pp. 18-19) (2025) (stating, “The practice of educatin g one’s children in one’s religious beliefs, like all religious acts and practices, receives a generous measure of protection from our Constitution. Drawing on ‘enduring American tradition,’ we have long recognized the rights of parents to direct the religious upbringing’ of their children. . . . Due to financial and other constraints, however, many parents have no choice but to send their children to a public school. As a result, the right of parents to direct the religious upbringing of their children would be an empty promise if it did not follow those children into the public school classroom. We have thus recognized limits on the government’s ability to interfere with a student’s religious upbringing in a public school setting”) (internal citations omitted).
Disclaimer: This article is for educational purposes only. No information contained in this article should be construed as legal advice, does not create an attorney-client relationship, nor is it intended to be a substitute for legal counsel on any subject matter. Readers are encouraged to contact an attorney in their jurisdiction with any questions.
