The future of a bill allowing elective credits for students to attend religious instruction during the school day is still shaky despite receiving an endorsement from the state's political leadership.
House Bill 342 (HB342) by State Rep. Susan DuBose (R-Hoover) would require each local board of education to adopt a policy allowing elective credit to students released from the classroom to attend religious instruction during the school day.
In 2019, Alabama passed a law authorizing local school boards to allow release time for students participating in religious instruction. With parental consent, students are permitted to leave school during the day to attend off-site religious instruction provided by a private organization.
The 2019 law puts the onus of allowing religious release on local education boards, leaving some parents facing roadblocks when their local board does not have a policy allowing a student to receive the instruction. DuBose said only 12 school systems have enacted policies.
HB342 would move from allowing local boards to adopt policies on religious release to compelling them.
"Parents are asking for the bill," DuBose said during last week's committee hearing. Parents are being told 'No. We don't have a policy.' Since 2019, we have indeed had a few districts adopt a policy. We've had about 12. But, we know there is a strong demand by parents for this program. Four thousand parents throughout our state of Alabama have signed a petition asking for a religious release program. We have over 120 districts where parents have expressed an interest, but school boards don't have a policy in place."
The bill was amended during last week's committee hearing. One amendment changed "shall" into "may" in a portion dealing with elective credits. According to DuBose, the other amendment clarifies that local school boards can tailor the policy to fit their district's needs.
The amended bill gives local boards significant authority to modify their programs, including whether or not to provide elective credit, limit the total amount of time students can spend in out-of-school release, and more. Current law prohibits religious release from occurring at the same time as core classes.
State Rep. Allen Baker (R-Brewton), while not ostensibly objecting to the bill, did say he believed districts that don't currently permit religious release likely do so to maximize instructional time with the students.
"I don't think it's because they don't like this religious instruction, which may give that indication, but more so, they value that instructional time, and they want that quality time with their students."
"We also know that there is time during school where I feel like time is being wasted," DuBose responded. "And if there's a time in that school where it's library time, some parents may value library time, but they may prefer that during library time, their child goes to this religious class. I think we need to trust parents to make those decisions."
Ivan Smith (R-Prattville) said he believed the final decision for religious release should still be left up to local boards.
"It looks like to me that it could continue to work," Smith said. "Those local school boards that are elected by their population, they're going to elect people that do what they want to do."
The House Education Committee did not vote on the bill last Wednesday, leaving a two-week gap before the committee is poised to meet again due to the legislature's Spring Break.
Some opponents argue that the bill violates the distinction between church and state. In fact, the 1952 U.S. Supreme Court decision that authorized religious release in Zorach v. Clauson states that church and state separation is ensured by religious instruction not occurring on state school property.
The committee delaying the vote for another week, combined with the slight pushback from lawmakers, leaves HB342's final passage a lingering question mark.
Despite the uncertainty, the bill received a "100%" endorsement from Lieutenant Gov. Will Ainsworth.
"Alabama is the most Christian state in the nation, and we embrace religious freedom and parental choice in our schools," Ainsworth wrote on X. "HB342 gives students the option of taking off-campus Bible study during school hours and requires local boards to make it available. I support its passage 100%.
State Sen. Shay Shelnutt (R-Trussville) is carrying a Senate version of the bill, which is likewise awaiting a vote in the Senate Education Committee.
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