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SB248 ENROLLED
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SB248
XD4CHZE-2
By Senator Shelnutt
RFD: Education Policy
First Read: 03-Feb-26
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SB248 Enrolled
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First Read: 03-Feb-26
Enrolled, An Act,
Relating to public K-12 education; to amend Section
16-1-20.6, Code of Alabama 1975; to further provide for the
provision of released time for religious instruction during
the school day.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-1-20.6, Code of Alabama 1975, is
amended to read as follows:
"§16-1-20.6
(a) This section shall be known and may be cited as the
Alabama Released Time Credit Act.
(b) The Legislature finds and declares all of the
following:
(1) That the United States Supreme Court, in its
decision in Zorach v. Clauson, 343 U.S. 306 (1952), upheld the
constitutionality of released time programs for religious
instruction for public school students during the school day.
(2) That the United States Constitution and state law
allows local school districts to offer religious released time
education for the benefit of public school students.
(3) That the purpose of this section is to incorporate
a constitutionally acceptable method of allowing school
districts to offer accommodate religious released time classes
and, in grades where credit is earned, to award students
elective credit for classes taken during the school day in
released time programs.
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released time programs.
(c) For the purposes of this As used in this section,
the following terms have the following meanings term released
time means a :
(1) RELEASED TIME. A period of time during the school
day when a student is allowed to participate in religious
released time instruction that is an elective course in
religious instruction, conducted off school district property ,
by a private and conducted by a sponsoring entity .
(2) SPONSORING ENTITY. A church or other local
community-based religious organization .
(d)(1) The State Board of Education and each local
board of education shall allow a parent or guardian to choose
for his or her student to attend a religious released time
program conducted by a sponsoring entity.
(2) Subdivision (1) shall not apply in either of the
following circumstances:
a. If a local board of education or the local
superintendent or designee of the local board of education has
a reasonable belief based on objective evidence that
permitting a student to attend a released time program would
pose a substantial risk of physical harm to the student or
that the sponsoring entity is in violation of state law in a
manner that poses a substantial risk of physical harm to a
student.
b. If the student's participation in religious released
time would cause the student to be excused from the minimum
instructional time for any course or subject as prescribed by
the State Board of Education, or from any student intervention
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the State Board of Education, or from any student intervention
required under state or federal law, for purposes of
participating in religious released time.
(3) Nothing in this section shall be construed to:
a. Endorse any religious belief, practice, or
instruction by the State Board of Education or any local board
of education;
b. Limit the authority of local boards of education
over the development of school schedules; or
c. Limit the authority of local boards of education to
tailor the policies addressed in this section to meet their
specific needs, provided that the policy reflects the
requirements of this section and complies with applicable law,
rules, and regulations.
(e) The State Board of Education shall adopt and each
local board of education may implement adopt a policy for a
student to attend released time which may require that any of
the following as an elective course if all of the following
are be satisfied by the sponsoring entity :
(1) The parent or guardian of the student gives written
consent for the student to participate in religious released
time and completes the local board of education's standard
checkout authorization form for the released time program. A
single completed authorization form shall apply for the full
duration of the school year and may not be required for each
individual released time session .
(2) Released time instruction and activities are not
sponsored by the local board of education and do not fall
under the supervision, control, or authority of the local
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under the supervision, control, or authority of the local
board of education or its employees.
(3) The sponsoring entity maintains attendance records
and makes them available to the public school the student
attends.
(4)(3) The sponsoring entity makes provisions for and
assumes liability for the student who is excused for released
time.
(5)(4) No public funds are expended other than de
minimis administrative costs.
(6)(5) No public school personnel are involved in
providing the religious instruction.
(7) The sponsoring entity conducts a criminal history
background check for all employees or contractors of the
entity who are likely to have direct, ongoing contact with a
student who is excused for released time.
(8) The student assumes responsibility for any missed
school work.
(f)(e) In grades where credit is earned, a student who
participates in released time may earn elective course credit
for participation, as provided by rules adopted by the State
Board of Education for elective courses. Credit awarded may
not exceed normal credit given for an elective course in the
particular school system. The State Board of Education shall
also adopt minimum standards for class attendance necessary to
qualify for credit.
(g)(f) A student who participates in religious
instruction for elective credit during released time shall be
credited with time spent as if the student attended school,
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credited with time spent as if the student attended school,
and the time shall be calculated as part of the actual school
day.
(h)(g) Transportation to and from the place of released
time, including transportation for any student with
disabilities, is the complete responsibility of the sponsoring
private entity, parent, guardian, or student and may not be
arranged, coordinated, or provided for by public school
personnel.
(h) No student may be released from a required core
curriculum class to attend released time. "
Section 2. This act shall become effective on July 1,
2026.
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2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB248
Senate 19-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 31-Mar-26
Senate concurred in House amendment 01-Apr-26
By: Senator Shelnutt
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