LEGALITY

Legality As might be expected, the legality of Bible Education in School Time has been challenged in our court systems. The landmark U.S. Supreme Court ruling came in 1952 in Zorach vs. Clauson, where this method of religious instruction was upheld as being constitutional. While many people believe that the courts overturned such practices in the 1960's, they are mistaken and there has been no adverse court ruling regarding off-campus religious instruction during the school day. This practice, with certain guidelines, is recognized as being totally within the framework of our constitution and is legal in all fifty states. There are basically three guidelines that must be followed: classes must be held off school property, no public funds may be used to finance such programs, and students must have signed parental permission to attend.

SECTION 59‑1‑460. Excused school attendance for religious instruction.

(A) The school district board of trustees may adopt a policy that authorizes a student to be excused from school to attend a class in religious instruction conducted by a private entity if:

(1) the student’s parent or guardian gives written consent;

(2) the sponsoring entity maintains attendance records and makes them available to the public school the student attends;

(3) transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, or guardian;

(4) the sponsoring entity makes provisions for and assumes liability for the student who is excused; and

(5) no public funds are expended and no public school personnel are involved in providing the religious instruction.

(B) It is the responsibility of a participating student to make up any missed schoolwork. However, no student may be released from a core academic subject class to attend a religious instruction class. While in attendance in a religious instruction class pursuant to this section, a student is not considered to be absent from school.

SECTION 59‑39‑112. Elective credit for released time classes in religious instruction.

(A) A school district board of trustees may award high school students no more than two elective Carnegie units for the completion of released time classes in religious instruction as specified in Section 59‑1‑460 if:

(1) for the purpose of awarding elective Carnegie units, the released time classes in religious instruction are evaluated on the basis of purely secular criteria that are substantially the same criteria used to evaluate similar classes at established private high schools for the purpose of determining whether a student transferring to a public high school from a private high school will be awarded elective Carnegie units for such classes. However, any criteria that released time classes must be taken at an accredited private school is not applicable for the purpose of awarding Carnegie unit credits for released time classes; and

(2) the decision to award elective Carnegie units is neutral as to, and does not involve any test for, religious content or denominational affiliation.

(B) For the purpose of subsection (A)(1), secular criteria may include, but are not limited to, the following:

(1) number of hours of classroom instruction time;

(2) review of the course syllabus which reflects the course requirements and materials used;

(3) methods of assessment used in the course; and

(4) whether the course was taught by a certified teacher.

These laws can be accessed by going to www.scstatehouse.net, click on Title/Chapter List, click on the appropriate title (59 for both laws), and then the appropriate chapter within that title (1 and 39 respectively). Finally, scroll down within the chapter to the appropriate section (460 and 112 respectively).