Legislature passes bill allowing school children to leave campus for religious instruction

April 8, 2026 – Governor Kay Ivey (R) signed legislation that will allow public school students to leave during the school day to receive instruction in their religion. The program is completely voluntary and is not being subsidized by taxpayers.

Senate Bill 248 is sponsored by Senator Shay Shelnutt (R-Trussville) and carried in the House of Representatives by state Representative Susan Dubose (R-Greystone).

"Two years of work and we finally got it over the finish line," said Rep. Dubose. "Religious Release Time SB248 provides guidelines and the opportunity for public school students to take an off campus religious class."

The legislation was supported by a wide range of conservative groups including Alliance Defending Freedom.

"Parents have the right and responsibility to guide the upbringing and education of their children," said Alliance Defending Freedom Senior Counsel Greg Chafuen . "The government shouldn't stop families from raising their children in their family's faith. S.B. 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.' ADF commends the Alabama Legislature, especially Sen. Shay Shelnutt and Rep. Susan DuBose for championing the bill."

The Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

Here's a clear, publication‑ready summary of SB248 (Enrolled) - the Alabama Released Time Credit Act update - based entirely on the text you provided.

Summary of SB248 (Enrolled)

Purpose:

SB248 updates Alabama's existing Released Time statute to more fully authorize and regulate programs that allow public school students to leave campus during the school day for religious instruction, and-where applicable-receive elective academic credit for doing so.

Key Provisions

1. Renames and reframes the statute

The bill designates §16‑1‑20.6 as the Alabama Released Time Credit Act, emphasizing that released‑time religious instruction may count as an elective course in certain grades.

2. Legislative findings

The Legislature states that:

- The U.S. Supreme Court has upheld the constitutionality of released‑time religious instruction (referencing Zorach v. Clauson).

- Both federal and state law allow school districts to offer such programs.

- The purpose of the statute is to provide a constitutionally compliant framework for districts to accommodate these programs and award elective credit.

3. Definitions updated

- Released Time: A period during the school day when a student may attend off‑campus religious instruction conducted by a private sponsoring entity.

- Sponsoring Entity: A church or community‑based religious organization.

4. Mandatory allowance with limited exceptions

The State Board of Education and local boards must allow parents to choose released‑time participation unless:

- There is objective evidence that participation poses a substantial risk of physical harm, or

- Participation would cause the student to miss required minimum instructional time or legally required interventions.

5. Local control preserved

The bill clarifies that nothing in the statute:

- Endorses any religious belief or practice,

- Limits local boards' authority over scheduling, or

- Prevents local boards from tailoring policies as long as they comply with the statute.

6. Requirements for participation

Local boards may adopt policies requiring that:

- Parents provide written consent using a standard checkout form (valid for the full school year).

- The program is not sponsored or supervised by the school district.

- The sponsoring entity maintains attendance records.

- The sponsoring entity provides transportation and ensures student safety.

- No public funds are used except minimal administrative costs.

- No school personnel provide religious instruction.

- The sponsoring entity conducts background checks for employees or contractors with direct, ongoing student contact.

- Students are responsible for making up missed work.

7. Elective credit authorization

Students may receive elective course credit for released‑time religious instruction, subject to:

- State Board minimum standards for attendance and coursework,

- Credit limits consistent with normal elective credit in that school system.

8. Attendance counted as instructional time

Time spent in released‑time instruction is treated as if the student were present at school for attendance purposes.

9. Transportation restrictions

Transportation to and from released‑time programs-including for students with disabilities-must be provided entirely by the sponsoring entity, parent, guardian, or student, not by school personnel.

10. Core classes protected

Students may not be released from required core curriculum classes to attend religious instruction.

Thursday, April 9 is the 30th and final day of the 2026 Alabama regular legislative session.

(A.I. contributed to this report.)

To comment or to ask a question email: brandonmreporter@gmail.com