Back in August, OSBA’s Legal Ledger provided an overview of some of the more frequently asked questions we receive about released time for religious instruction. As a reminder, “released time” is a period of time during which a student is excused from school to attend a course in religious instruction conducted by a private sponsoring entity off school district property.
On Jan. 8, 2025, Governor Mike DeWine signed HB 8, which made changes to RC 3313.6022, the statute that governs these programs for Ohio schools. These changes will become effective for Ohio schools on April 9, 2025. The bill made changes to released time for religious instruction programs in the following areas:
- Mandatory policy requirement. Previously, districts had discretion whether to offer released time. HB 8 now requires school boards to adopt a policy that authorizes a student to be excused from school to attend a released time course in religious instruction.
- Timing of course offerings. Under HB 8, school boards must collaborate with the sponsoring entity to identify a time to offer the course during the school day. Existing law still prohibits the school board from releasing a student from a core curriculum subject course to attend a religious instruction course.
- Criminal records check. HB 8 now specifically authorizes boards of education to include in their released time policies a requirement for a criminal records check of any instructors or volunteers who will be providing a released time course in religious instruction to the district’s students. The school board may determine the manner in which the checks are conducted.
OSBA has updated Policy JEFB, Release Time for Religious Instruction, which will be released to OSBA policy subscribers in the next issue of OSBA’s Policy Development Quarterly. All school boards should ensure they have an updated policy in place by the bill’s effective date of April 9, 2025. As districts review their policies, they are encouraged to review the following opinions from the Ohio Attorney General, which outline additional considerations for districts to ensure their released time policies comply with the Establishment Clause of the First Amendment:
If you have general questions about HB 8’s new requirements in this area, please contact OSBA’s division of legal services at 855-OSBA-LAW.