Alabama updates law allowing students time for off-campus religious instruction

Alabama Gov. Kay Ivey signed legislation this week that strengthens parents’ ability to have their children briefly excused from public school during the school day to receive religious instruction.

The Republican governor approved Senate Bill 248, known as the Alabama Released Time Credit Act, on April 8. The new law takes effect July 1.

The measure allows parents to choose for their child to participate in a released-time program sponsored by a church or local community-based religious organization. Instruction must take place off school grounds, be privately funded, and require no use of taxpayer money. Schools are not responsible for transportation or liable for students during the released time.

Students may earn elective credit for participating, provided they complete any missed schoolwork and meet state education guidelines. School boards can deny a request only if there is an objective substantial risk of physical harm to the student.

The bill passed the state Senate 32-0 and the state House 88-4 after revisions.

Supporters say it protects parental rights and religious liberty without burdening public schools.

Alliance Defending Freedom senior counsel Greg Chafuen praised the law in a statement: “The government shouldn’t stop families from raising their children in their family’s faith. SB 248 respects parents’ educational decisions, allowing public school children to be briefly excused from school to receive free, off-campus religious instruction taught by private charitable organizations.”

“As the U.S. Supreme Court has explained, respecting parents’ decisions for their child to participate in released-time programs ‘follows the best of our traditions,’” he wrote.

Chafuen commended the Alabama Legislature as well as Lt. Gov. Will Ainsworth and Ivey “for their commitment to ensuring that parents remain in the driver’s seat when it comes to their children’s education.”

The legislation updates a 2019 law and adds clearer guidelines and protections requested by school superintendents.

Critics have raised concerns about church-state separation and potential logistical challenges for schools.

Released-time programs have historically been used more frequently by Protestant and evangelical groups, though Catholic parishes could organize similar off-campus faith formation sessions under the new rules.

At least a dozen other states have similar laws allowing students to leave campus for voluntary religious instruction.