Released time programs allow students to receive religious education off-campus during public school hours, as long as it meets certain conditions. These programs have been popular since the 1940s, but two Supreme Court cases set guidelines for their legality. Religious instruction must take place off-campus, not use public school property, not receive public funding, and require parental consent. McCollum v. Board of Education ruled against the use of public buildings and tax dollars for religious instruction, while Zorach v. Clauson upheld a New York State law allowing students to use off-campus time schedules for religious education.
Time off is an aspect of United States law regarding the public school system and the permissibility of religious instruction during public school hours. The idea is not considered a violation of the separation of church and state as long as religious education meets certain conditions. Several states operate time schedules issued in their public school systems; Mormon students make up one of the largest communities of released time program participants in the country.
In 1905, the first discussions about released time schedules began. Proponents have suggested that public schools be closed one extra day a week so that students who want a religious education can get one somewhere other than the public school building. The idea proved immensely popular, and by the 1940s, 1.5 million students were taking part in time-released programs. Two major Supreme Court cases ultimately had a major impact on the long-term popularity of time-released programs.
Time-released programs are not viewed as violations of church and state law. This is due to three factors that all release time schedules must adhere to. First, all religious instruction must take place in an off-campus location and may not use any public school buildings or property. Second, public funding cannot support the education of a released curriculum. Finally, students participating in the program must have full parental consent.
These conditions were formed largely from two cases that eventually reached the Supreme Court. In 1945, McCollum v. Board of Education involved a mother suing her son’s school because he was harassed and intimidated by school administrators after refusing to take part in a leisure program. Although the program was held in the public school building during school hours, a clear violation of the law, all lower courts ruled in favor of the school. The Supreme Court, however, saw things differently and ruled in Ms. McCollum’s favor. Because public buildings and tax dollars were used for the program, the court ruled that the school’s actions were unconstitutional.
The second case before the Supreme Court was a few years later, in 1952, when Zorach v. Clauson went to the highest court in the land, challenging New York State education laws. This case once again called into question the constitutionality of the released time schedules, but the details of the case were very different from McCollum’s. In this case, no school buildings or taxpayer money supported religious instruction; the public school was simply allowing students, at the request of their parents, to use a time schedule issued at an off-campus location during school hours. The Court ruled in favor of the state of New York and the law was upheld.
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