Senate approves state policy enabling in‑school religious release time with local control and liability rules

The Alabama Senate on April 22 passed Senate Bill 278, a measure that directs local school boards to adopt a policy allowing students to be released from public school for off‑campus religious instruction during the school day, with parental consent and limits on public funding.

Sponsor Senator Shellnut told the Senate, "The purpose of this bill is to require school districts to create a policy that allows students to attend religious class during the school day. This is completely optional for students and requires parental consent." Shellnut said the program requires written parental permission, prohibits use of school funds and places transportation and liability responsibilities on the sponsoring faith‑based groups. He also cited a 1952 U.S. Supreme Court decision referenced on the floor as supporting such release‑time programs.

Senators asked for clarifications on liability, accreditation and local control. Senator Singleton and others pressed whether the local board or the parent would verify instructors’ credentials and whether districts could limit which off‑campus providers participate. Shellnut and supporters said local school boards retain authority to set policy details — including whether an outside teacher or program must meet district standards — and that the bill intentionally leaves those implementation decisions to local boards.

On the floor, one senator asked who would be liable if a child is injured while participating; Shellnut replied that the sponsoring entity assumes liability under the bill and current state law. Another senator raised security and scheduling concerns; Shellnut said the statute does not disturb programs held entirely outside school hours and that local boards would design the timing and safeguards.

A floor amendment was adopted clarifying that boards that have already adopted a release‑time policy are not required to change that policy. Shellnut described the amendment as preserving existing local policies.

The Senate completed a rollcall on final passage; the journal records the final tally as 25 ayes and 6 nays. Following passage, the sponsor said the bill is a "parental rights and religious freedom bill" intended to expand options for families who cannot afford private religious schools.

The bill leaves most operational matters — instructor qualifications, scheduling, transportation and how credits are awarded — to each local board of education to determine. Supporters said that preserves local control; some senators cautioned that boards will need to set robust policies to address security, accreditation and liability risks.