The Senate passed SB278, a measure that would require all local school boards to create policies to allow students to leave campus during school hours for off-site religious instruction. The bill, sponsored by Sen. Shay Shelnutt, R-Trussville, was approved by a 25-6 vote and now moves to the House for further consideration.
The legislation would expand on a 2019 Alabama law that permitted, but did not require, local school districts to adopt “release time” policies for religious education. The voluntary nature of the previous law meant very few districts implemented programs.
Under the bill, participation in the program would be entirely optional and would require written consent from a parent or legal guardian. Religious instruction providers would be responsible for transporting students to and from the instruction site and would assume full liability for the students while they are off school property. The legislation explicitly prohibits the use of public funds for the religious instruction itself, though it allows minimal administrative costs to be covered by the school system.
The bill includes provisions for oversight and record-keeping. Instruction providers would be required to maintain attendance records and submit them to the students’ respective public schools. Students may earn elective academic credit for their participation, subject to standards and guidelines set by the Alabama State Board of Education.
The bill allows each school board to develop its own criteria and procedures for approval, which could result in differing practices across school districts.
Other questions centered around teacher qualifications and program credibility. Sen. Bobby Singleton, D-Greensboro, inquired as to whether the bill requires religious instructors to hold state certification.
Shelnutt said that he could not speak for every local school board or superintendent, citing that this bill is ultimately about “local control.”
“It is my understanding that it is up to the local board what kind of policy they set up,” said Shelnutt.
During Senate debate, lawmakers voiced concerns regarding how local school boards would handle vetting of religious programs from various faiths. Sen. Greg Albritton, R-Atmore, pressed as to whether these policies could be “restrictive in nature” for certain religions.
“Each one could come and seek, the policy would have to cover for each of those, is that correct?” Albritton asked.
Shelnutt said the policy “cannot be restricted” and that parents ultimately sign off on participation.
An amendment was adopted before the bill’s passage to ensure that school boards with preexisting release time policies would not be forced to alter them under the new law. The amendment passed 26-4, with one senator abstaining.
The bill now heads to the House of Representatives for consideration, following the rejection of a similar measure by a House committee earlier this month.
