Could a South Carolina district allow students to leave instructional time for religious education in 1995?

Official title

Seeking additional information on the August 17, 1995 opinion concerning the legality of parents’ releasing their children for religious purposes and/or instructions during study halls, electives and exploratory class time.

Requester

The Honorable Joe Wilson, Senator, District No. 23, Lexington County

Plain-English summary

A senator asked whether a school district could let parents release students during instructional time for religious education. The 1995 informal opinion said the cited federal decision and state regulation appeared to permit a district to adopt such a policy. It did not set a universal amount of release time.

The letter explained that the district, if it chose to allow released time, would determine both its duration and the procedures for obtaining it. It also noted the regulation’s attendance requirements and local board authority over absences.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG say districts could choose a religious released-time policy? A: Yes. The letter said the cited authorities appeared to permit a district to adopt a policy excusing students for religious instruction.

Q: Did the letter set a statewide time limit? A: No. It expressly declined to state how much time was permissible and left the extent of release to the district.

Q: Who determined how a parent obtained release? A: The letter left the procedures to the district if it adopted a policy.

Background and statutory framework

The letter supplemented an August 17, 1995 opinion. It discussed Zorach v. Clauson, which upheld a released-time statute, and State Board of Education regulation 43-274 concerning excused absences and local board policies.

Citations and references

• zorach v. Clauson, as rendered in the extracted letter
• State Board of Education regulation 43-274, as identified in the letter

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-29-1995/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/95aug29wilson.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
AITORNEY GENERAL

August 29, 1995

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The Honorable Joe Wilson
Senator, Lexington County
P.O. Box 142
Columbia, South carolina 29202
Dear Senator Wilson:
You have requested additional information regarding the informal opinion dated August 17, 1995 concerning the legality of parents' releasing their children for religious instructions during study halls, and elective and exploratory class time. Specifically, you would like to know whether a school district may adopt a policy allowing children to be released by their parents during instructional time for religious education.

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As noted in the earlier letter, zorach v. Clauson, 343 U.S. 306, 72 S.Ct. 679, 96 L.Ed. 954 (1952}, upheld the constitutionality of a statute providing for the release of public school students from school attendance to attend religious classes. The New York statute in that case allowed only one hour a week for such training, but no opinion is expressed in this letter as to how much release time from school would be pennissible for religious education. See below.

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The earlier letter also noted that school districts have the authority to adopt policies concerning absences from school. 9.I2§..:. Atty. Gen. (February 16, 1983}; ™also 9.I2§..:. Atty. Gen. (June 17, 1986). State Board of Education regulation 43-274 (S.C. code Ann., Vol. 24) defines lawful absences so as to provide that " ••. students may be excused from attendance in school for recognized religious holidays of their faith [and] ..• students may be excused from attendance in school in accordance with local board policies." In addition, I note that Reg. 43 -274 provides that students must attend high school 11 • • • a minimum number of days each instructional period, unless the local board of trustees grants approval for each excessive absence in accordance with local board policy."

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c. DEN'\IS BL ILDING

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POST OFFICE Box 11549

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COLUMBIA,

s.c. 29211-1549

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TELEPHONE:

803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Joe Wilson, senator
August 29, 1995
Page 2
The above regulation and zorach appear to permit a school district to adopt a policy of excusing a student from school for purposes of religious instruction; however, the extent of time for the release and the procedures for obtaining the release would be a matter for the District to determine under the above statutes if the District chose to adopt such a policy.

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I hope that this additional information will be of assistance to you. This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. Please do not hesitate to contact me if you have additional questions. You~~_.;, truly,
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Ass stant Deputy Attorney General
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