MONTGOMERY, Ala. — Alabama has taken a decisive step that moves into the growing national movement around “released-time” religious instruction, granting parents a clear legal right to have their children excused from public school during the day for off-campus religious education. But while the law is framed in neutral terms, its practical effects and limitations highlight a deeper reality: a system that is open in theory, but uneven in practice, particularly for minority faiths.
Governor Kay Ivey recently signed SB248, the Alabama Released Time Credit Act, sponsored by Shay Shelnutt and Susan DuBose. The law, which takes effect July 1, 2026, shifts the state from a permissive to a mandatory framework. Under its provisions, local school boards and the State Board of Education must allow students to participate in released-time religious instruction unless two narrow exceptions apply: a demonstrable risk of physical harm or a conflict with required instructional time.
Released-time programs (also called release time or “Released Time Religious Instruction”), which typically allow students to leave campus for about an hour per week for religious instruction, have long existed in American education, operating under a legal framework established by the Supreme Court of the United States in Zorach v. Clauson (1952). In that case, the Court upheld such programs as constitutional, provided they occur off campus, receive no public funding, and remain voluntary.
Supporters of Alabama’s new law argue that it affirms parental rights. Alliance Defending Freedom, a conservative legal group that has supported similar measures nationwide, praised the legislation. Senior counsel Greg Chafuen said in a statement that “the government shouldn’t stop families from raising their children in their family’s faith,” adding that released-time programs reflect “the best of our traditions.”
The organization has played a significant role in shaping the broader legal landscape of religious liberty in the United States, backing high-profile cases such as Dobbs v. Jackson, 303 Creative v. Elenis, and Masterpiece Cakeshop v. Colorado.
Huntsville, Alabama City District 3 School Board member Andrea Alvarez said that the new law is about insecure parents and their need to be “disruptive,” rather than it being about religious freedom. In a report by 1819 News, she criticized the law in a social media post, arguing it reflects a “national agenda funded by big money” and places additional burdens on teachers and schools. Alvarez also questioned the need for religious instruction during the school day, noting that such activities can take place outside school hours.
Great Seal of Alabama [public domain]
Alabama is not alone. States including Iowa, Montana, Ohio, Texas, and others have enacted or strengthened similar laws in recent years, with some allowing students to receive elective academic credit for participation.
In Florida, policymakers are considering rules that would go even further, potentially requiring school districts, and possibly individual schools, to adopt and implement released-time policies. As The Wild Hunt reported last month, Education Commissioner Anastasios “Stasi” Kamoutsas said the state “will continue to safeguard the constitutional protections for voluntary prayer and religious expression in our public schools.” The State is seeking public comment on new State Board Rules, one of which, Rule 6A-1.09514, would require districts to adopt policies allowing parents to request and receive permission for students to be excused for religious instruction or observance.
In Arizona, legislation introduced as House Bill 2266 would require public schools to excuse students for off-site religious instruction during the school day with parental consent. The bill, which has advanced along party-line support in committee, reflects similar efforts seen in other states.
Image credit: Blogtrepreneur – CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=50979400
These developments signal a broader national shift from local discretion toward statewide mandates, often backed by coordinated advocacy campaigns. Supporters frame the movement as an expansion of parental rights and religious liberty, while critics warn that removing local control may strain school resources and complicate scheduling, supervision, and equity concerns. As more states move in this direction, the question is no longer whether released-time programs will expand, but how uniformly, and for whom they will function in practice.
Critics argue that the expansion of these programs raises serious concerns about equity, inclusion, and the role of public education. Groups such as Americans United for Separation of Church and State note that while released time is constitutional, schools are not required to offer it, and when they do, the effects can be uneven. Students may feel subtle or overt pressure to participate, particularly when programs offer incentives or become normalized within school culture. Those who opt out may be sidelined or miss meaningful instruction, while students from minority faiths, or no faith, may have no comparable options, raising concerns about exclusion and equity.
That disparity becomes most visible when looking at who is (and is not) participating.
In theory, released-time programs are religiously neutral. Any faith tradition can organize instruction, provided it meets the legal requirements. In practice, however, the landscape is dominated by Christian organizations, particularly well-funded and organized evangelical groups that have the infrastructure to coordinate with school districts, provide transportation, and sustain participation. For minority faiths, including Pagan communities, the issue is not legal access, but practical inclusion, whether a system designed around majority participation can ever fully accommodate those on its margins.
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