No. 35246 (Amendment): Rule R277-610. Released-Time Classes for Religious Instruction

(Amendment)

DAR File No.: 35246
Filed: 09/15/2011 06:25:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide standards and procedures for released-time for classes consistent with state law.

Summary of the rule or change:

The amendments provide a new definition, provide changes to the standards and procedures for released-time classes, and provide a new section related specifically to religious released-time programs.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.

local governments:

There are no anticipated costs or savings to local government. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-610. Released-Time Classes[ for Religious Instruction].

R277-610-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Non-entangling criteria" means neutral course instruction and standards that are academic not devotional; promote awareness not acceptance of any religion; expose not impose a particular view; educate about religion; and inform but not seek to make students conform to any religion.

[B]C. "Released-time" means a period of time during the regular school day when a student attending a public school is excused from the school, at the request of the student's parent[, to attend classes in religious instruction given by a regularly organized church].

 

R277-610-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1) which directs the Board to adopt minimum standards for public schools, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify standards and procedures for public schools regarding released-time [religious] classes.

 

R277-610-3. Standards and Procedures for Released-Time Classes.

[ A. Religious classes shall not be held in school buildings or on school property in any way that permits public money or property to be applied to, or that requires public employees to become entangled with, any religious worship, exercise, or instruction.

] [B]A. Students [shall]may attend released-time classes during the regular school day only upon the written request of the student's parent or legal guardian.

[ C. A student shall not be excused from school, even upon the written request of a parent or guardian, at a time when that student should be in attendance at a regular class of the school for which credit is normally required for graduation or to complete the required course of study.

] [D]B. A public school shall not [keep]maintain records of attendance for released-time classes or use school personnel or [any part of the] school [organization]resources to regulate such attendance.

[ E. Records of attendance at released-time classes, grades, marks, or other data shall not be included in the reports made by the school to parents.

] [F]C. Teachers of released-time classes are not [to be considered] members of the school faculty [or to]and shall not participate as faculty members in any school function. Released-time teachers may participate in school activities as community members.

[I]D. Public school teachers, administrators, or other officials shall not request teachers of released-time classes to exercise functions or assume responsibilities for the public school program which would result in a commingling of the activities of the two institutions.

[G]E. Schedules of classes for public schools shall not include released-time classes by name. At the convenience of the school, registration forms may contain a space indicating ["]released-time["] designation.[ Scheduling shall be done on forms and supplies furnished by the religious institution and by personnel employed or engaged by the institution and shall occur off the premises of the public school.]

[H]F. Public school publications shall not include pictures, reports, or records [of functions] of released-time classes.

[J]G. Public school equipment or personnel shall not be used in any manner to assist in the conduct of released-time classes.[ No connection of bells, telephones, or other devices shall be made between public school buildings and institutions offering religious instruction except as a convenience to the public school in the operation of its own program. When any connection of devices is permitted, the pro rata costs shall be borne by the respective institutions.

K. Institutions offering religious instruction shall be regarded as private schools completely separate and apart from the public schools. Those relationships that are legitimately exercised between the public school and any private school are considered an appropriate relationship with institutions offering released-time classes, so long as public property, public funds, or other public resources are not used to aid such institutions.]

 

R277-610-4. Additional Conditions for Religious Released-Time Programs.

A. Religious classes shall not be held in school buildings or on school property in any way that permits public money or property to be applied to, or that requires public employees to become entangled with, any religious worship, exercise, or instruction.

B. Religious released-time scheduling shall be done on forms and supplies furnished by the religious institution and by personnel employed or engaged by the institution and shall occur off the premises of the public school.

C. No connection of bells, telephones, computers or other devices shall be made between public school buildings and institutions offering religious instruction except as a convenience to the public school in the operation of its own program. When any connection of devices is permitted, the costs shall be borne by the respective institutions.

D. Records of attendance at religious released-time classes, grades, marks, or other data shall not be included in the correspondence or reports made by the public school to parents.

E. Institutions offering religious instruction are private schools separate and apart from the public schools. Those relationships that are legitimately exercised between the public school and any private school are appropriate with institutions offering released-time classes, so long as public property, public funds, or other public resources are not used to aid such institutions.

F. Public schools may grant elective credit for religious released-time classes if the school district establishes neutral, non-entangling criteria with which to evaluate the courses.

 

KEY: [religious education]released-time classes

Date of Enactment or Last Substantive Amendment: [1987]2011

Notice of Continuation: January 8, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1); 53A-1-401(3)

 

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