Schools must excuse students for released time religious courses

The text as introduced · 694 words

2025S0042-1 01/27/25

By: King
S.B. No. 1049

A BILL TO BE ENTITLED

AN ACT

relating to excused absences from public school for the purpose of

attending a released time course.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.087(b), Education Code, is amended to

read as follows:

(b) A school district shall excuse a student from attending

school for:

(1) the following purposes, including travel for those

purposes:

(A) observing religious holy days;

(B) attending a required court appearance;

(C) appearing at a governmental office to

complete paperwork required in connection with the student's

application for United States citizenship;

(D) taking part in a United States naturalization

oath ceremony;

(E) serving as an election clerk; [ or ]

(F) if the student is in the conservatorship of

the Department of Family and Protective Services, participating, as

determined and documented by the department, in an activity:

(i) ordered by a court under Chapter 262 or

263, Family Code, provided that it is not practicable to schedule

the participation outside of school hours; or

(ii) required under a service plan under

Subchapter B, Chapter 263, Family Code; or

(G) attending a course under Section 25.0875;

(2) a temporary absence resulting from an appointment

with health care professionals for the student or the student's

child if the student commences classes or returns to school on the

same day of the appointment; or

(3) an absence resulting from a serious or

life-threatening illness or related treatment that makes the

student's attendance infeasible, if the student or the student's

parent or guardian provides a certification from a physician

licensed to practice medicine in this state specifying the

student's illness and the anticipated period of the student's

absence relating to the illness or related treatment.

SECTION 2. Subchapter C, Chapter 25, Education Code, is

amended by adding Section 25.0875 to read as follows:

Sec. 25.0875. EXCUSED ABSENCE TO ATTEND RELEASED TIME

COURSE. (a) In this section, "released time course" means a course

in religious instruction offered by a private entity.

(b) A school district or open-enrollment charter school

shall, on the request of a parent or legal guardian of a student

enrolled at the district or school and subject to the policy adopted

under Subsection (c), excuse the student from attending school to

attend a released time course for at least one but not more than

five hours a week.

(c) Each school district and open-enrollment charter school

shall adopt a policy for excusing a student enrolled at the district

or school from attending school to attend a released time course.

The policy:

(1) must require:

(A) the student's parent or legal guardian to

provide written consent for the student to attend the released time

course;

(B) the private entity offering the released time

course to maintain attendance records and make the records

available to the district or school at which the student is

enrolled;

(C) the private entity, parent or legal guardian,

or student to assume responsibility for transportation, including

transportation for a student with a disability, to and from any

location at which the released time course is offered;

(D) the private entity to make provisions for and

assume liability for the student enrolled in the released time

course while the student is under the private entity's care; and

(E) the student to assume responsibility for any

schoolwork issued during the student's absence;

(2) must prohibit:

(A) the district or school from using district or

school funds, excluding de minimis costs, to facilitate the

provision of a released time course; and

(B) the private entity from offering the released

time course on district or school property, unless permitted under

a neutral policy of equal access that allows community

organizations to use district or school property; and

(3) may not interfere with the ability of the student's

parent or legal guardian to request or access a released time course

for the student.

SECTION 3. Not later than January 1, 2026, each school

district and open-enrollment charter school shall adopt the excused

absence policy required by Section 25.0875, Education Code, as

added by this Act.

SECTION 4. This Act takes effect September 1, 2025.