OKCPS general counsel outlines new ‘release time’ policy under HB 1425; board to vote in May

General counsel Tony Childers told the Oklahoma City Public Schools Board of Education on April 7 that the district will adopt a policy required by HB 1425 (2024) governing so-called “release time” courses, and the board will consider the policy for a vote at its May meeting.

Why it matters: The policy affects whether students who leave campus during the school day to attend outside religious or moral instruction can be counted as present and whether the outside course can receive elective credit. Board members asked about limits on absence days, oversight, funding restrictions and the lack of an internal appeal process.

Childers said the policy mirrors the statute and follows a standard form used by the Oklahoma State School Boards Association. "HB 14 25, which was passed as part of the 2024 legislative session, requires that every school district in the state have this policy for release time courses," he said. He told the board the statute lets districts approve outside courses for elective credit if the district performs a neutral review of the course’s administrative and academic attributes rather than its religious content. "It does place limits on the number of days that they're allowed to attend and does give control to the school district in making sure that the course that the student is attending is not interfering with any other core class that might be part of the Oklahoma testing," Childers said.

Board members pressed for specifics. Board member Dana Meister said, "It bothers me that we will have no control over this at all," and asked who would supervise providers and whether the district could block particular groups. Childers replied the statute constrains district control to avoid entanglement with religion: the district may impose limits tied to attendance days and can refuse approval if the outside course would interfere with a student’s core, tested classes, but it otherwise must remain hands-off where the outside group is concerned.

The policy text cited in the presentation states a maximum of 125 class periods per school year that may count under the statute for approved outside courses. Childers also noted a statutory restriction that "no school funds may be expended and no school district personnel equipment or resources may be involved in providing the instructions," a limitation tied to the U.S. Constitution’s Establishment Clause.

On appeal rights, Childers told the board there is no built-in administrative appeal in the statute: "There is not. So if the school is making a determination under the statute ... there's not an appeal process built in. However, it could be challenged from a standpoint of going to a district court if they believe that the school were to somehow violate the statute," he said. Board member Mike Esmerald asked whether that effectively forces families to sue the district; Childers reiterated the policy is a statutory reflection and that courts, not the district, provide remedies for legal disagreement.

Board members also asked whether the board or superintendent would approve particular providers. Childers said applications for course approval would come before the board if the district chose to present them for consideration; the statute requires a neutral syllabus review to determine whether a course qualifies for elective credit.

Childers and other speakers emphasized the statute does not define "religion" or "moral," and that omission is likely intentional to avoid the district policing religious content. "To the extent that a school starts deciding what is moral or what is religious then you start getting into wading into the waters of the Establishment Clause," Childers said.

Next steps: Childers said the policy will be brought back to the board for formal consideration and a vote at the May meeting. Until then the presentation was informational only.

Ending: The board did not take a vote on the policy on April 7. The district will post the proposed policy and accept follow-up questions directed to General Counsel Tony Childers or Dr. Jamie Polk before the May meeting.