Released time
Released time refers to the practice of allowing public school students to attend off-campus religious instruction during regular school hours. This practice emerged in the United States amidst legal and constitutional debates regarding the separation of church and state, particularly influenced by the First Amendment. In 1948, the U.S. Supreme Court ruled in Illinois ex rel. McCollum v. Board of Education that allowing religious instruction within public schools violated the Establishment Clause because it involved the use of tax-supported facilities for religious purposes. In contrast, the later case of Zorach v. Clauson (1952) upheld a program that permitted students to attend religious classes off school grounds, emphasizing that such a separation was constitutionally sound. Key stipulations of released time include that participation must be voluntary, instruction must occur away from school premises, and no public funds can support these programs. The application of released time has evolved, with some states allowing students to earn academic credit for participation. However, the practice remains controversial, sparking discussions on its impact on non-participating students and the broader school community.
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Released time
Description: Practice of permitting public school students to attend off-campus classes in religious instruction offered by community volunteers during regular school hours.
Relevant amendment: First
Significance: In 1948, the United States (US) Supreme Court declared the effort to inculcate religious values into public school students through released time unconstitutional. This was the first time an activity was found to violate the Establishment Clause of the First Amendment.
Under a 1943 state law, a Champaign, Illinois, school board undertook a program whereby local clergy came into public school buildings to offer religious instruction for one class period each week to those students whose parents consented to the exercise. For others, study hall was available. Justice Hugo L. Black, writing for the Supreme Court in Illinois ex rel. McCollum v. Board of Education (1948) ruled that the practice violated the Establishment Clause because tax-supported property was used for religious purposes and because the state’s compulsory attendance law fundamentally assisted the religious instruction program.
New York State permitted public school students to attend religious instruction classes off school grounds to avoid the same constitutional infirmity. Challenged in Zorach v. Clauson (1952), the practice was upheld. Justice William O. Douglas, writing for the Court, ruled that the change in locale constituted a sufficient separation of church and state. Douglas adopted a more accommodating position than the Court's in McCollum, stating: "We are a religious people whose institutions presuppose a Supreme Being."
The key features of the implementation of released time are that instruction must occur off-campus and away from school grounds, participation must be entirely voluntary, and religious programs offered during released time cannot obtain public funding. The application of released time continues to evolve in the twenty-first century. Some states, like Oklahoma, have enacted legislation that allows public schools to offer academic credit for participating in released-time religious programs. Released time continues to generate controversy and has elicited discussions about how the programs affect non-participating students and the school's community.
Bibliography
Ashcroft, Casey W. "Regulations for Released-Time Religious Education: A Historical Perspective." BYUReligious Studies Center, 2011, rsc.byu.edu/vol-12-no-2-2011/regulations-released-time-religious-education-historical-perspective. Accessed 24 Aug. 2024.
"Released Time Religious Education - About Us." Released Time Bible Education, www.releasedtime.org/about-us. Accessed 24 Aug. 2024.
Russo, Charles J. "Oklahoma Joins States with 'Release Time' Laws Letting Kids Leave School for Religious Lessons." Oklahoma Voice, 25 June 2024, oklahomavoice.com/2024/06/25/oklahoma-joins-states-with-release-time-laws-letting-kids-leave-school-for-religious-lessons. Accessed 24 Aug. 2024.