 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
public schools; released time courses
Purpose
Requires a school district governing board (governing board) and a charter school governing body (governing body) to allow students to attend a released time course during regular school hours if specified requirements are met. Grants a private cause of action to any person who is adversely affected by a violation of the released time course requirements against the school district or charter school. Designates this legislation as the Arizona Released Time Education Act.
Background
Arizona's Parents’ Bill of Rights reserves parental rights to a parent of a minor child without interference from the state, a political subdivision or other governmental entity or any other institution. Outlined rights include: 1) directing the child's education, upbringing and moral or religious training; 2) making health care decisions for the child; and 3) accessing and reviewing all records, including medical records, unless otherwise prohibited. A parent may bring suit against a government entity for any action that interferes with or usurps the fundamental rights of parents. Statute declares that parents have inalienable rights that are more comprehensive than those listed in the Parents' Bill of Rights, unless legally waived or terminated (A.R.S. §§ 1-601 and 1-602).
Each governing board and the governing body must adopt a policy governing the excuse of students for religious purposes. The policy may permit a student to be excused from school attendance for religious purposes, including participation in religious exercises or religious instruction. If the policy permits a student to be excused for religious purposes, the policy must stipulate the conditions under which the excuse will be granted, including conditions that: 1) the person who has custody of the student has given written consent; and 2) any religious instruction or exercise takes place at a suitable place away from school property designated by the church or religious denomination or group. A public educational institution may not discriminate against students or parents on the basis of a religious viewpoint or religious expression. Students in public educational institutions may pray or engage in religious activities or religious expression before, during or after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression (A.R.S. §§ 15-110 and 15-806).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires each governing board and governing body to allow students to attend a released time course during the regular school hours if:
a) the school receives written consent from the parent of each participating student;
b) the released time course provider:
i. records the attendance of each participating student and provides copies of the attendance records to the charter school or school district;
ii. assumes all legal responsibility for each participating student while the student is under the provider's control;
iii. provides religious instruction to participating students for at least one hour but not more than five hours a week; and
iv. demonstrates that the released time course instructor has similar qualifications as instructors who are employed by the charter school or school district;
c) any necessary transportation services relating to a released time course are provided by the released time course provider, participating students or the parents of participating students; and
d) each participating student is responsible for completing any schoolwork that the student misses because the student attends a released time course.
2. Requires each school district and charter school that allows students to attend a released time course to:
a) award academic credit to each student who successfully completes the released time course; and
b) count any time that a student spends participating in a released time course during regular school hours as instructional time and instructional hours to meet the prescribed instructional time and hour requirements and to determine average daily membership and attendance.
3. Requires each school district and charter school to determine how much credit to award for the released time course by using only secular criteria that are substantially the same as the criteria that the charter school or district school uses to evaluate similar courses, including:
a) the number of hours of classroom instructional time;
b) the course requirements and instructional materials that are used for the released time course according to the syllabus; or
c) student assessments that are conducted by the released time course provider.
4. Prohibits a school district or charter school from:
a) incurring expenses to provide a released time course; and
b) allowing a released time course to be provided on school property.
5. Prohibits a school district or charter school from denying any released time course provider equal access to monies, benefits or services that the charter school or school district provides to other community groups or independent entities.
6. Grants a private cause of action to any person who is adversely affected by a violation of the released time course requirements against the school district or charter school for injunctive relief, monetary damages, reasonable court costs, reasonable attorney fees and any other relief available under law.
7. Designates this legislation as the Arizona Released Time Education Act.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
MH/KP/hk