File No. 35246
This rule was published in the October 1, 2011, issue (Vol. 2011, No. 19) of the Utah State Bulletin.
Released-Time Classes for Religious Instruction
Notice of Proposed Rule
DAR File No.: 35246
Filed: 09/15/2011 06:25:54 PM
Purpose of the rule or reason for the change:
This rule is amended to provide standards and procedures for released-time for classes consistent with state law.
Summary of the rule or change:
The amendments provide a new definition, provide changes to the standards and procedures for released-time classes, and provide a new section related specifically to religious released-time programs.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-402(1)
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.
There are no anticipated costs or savings to local government. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.
There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The amendments to the rule provide new and updated language on released-time classes consistent with state and federal law.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-610. Released-Time Classes[
for Religious Instruction].
A. "Board" means the Utah State Board of Education.
B]. "Released-time" means a period of time during
the regular school day when a student attending a public school is
excused from the school, at the request of the student's
parent[ , to attend classes in religious instruction given by a
regularly organized church].
R277-610-2. Authority and Purpose.
A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1) which directs the Board to adopt minimum standards for public schools, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.
B. The purpose of this rule is to specify
standards and procedures for public schools regarding released-time
R277-610-3. Standards and Procedures.
A. Religious classes shall not be held in school buildings
or on school property in any way that permits public money or
property to be applied to, or that requires public employees to
become entangled with, any religious worship, exercise, or
B]. Students [ shall] attend released-time classes during the regular school
day only upon the written request of the student's parent or
C. A student shall not be excused from school, even upon
the written request of a parent or guardian, at a time when that
student should be in attendance at a regular class of the school
for which credit is normally required for graduation or to complete
the required course of study.
school shall not [ keep] records of attendance for released-time classes or
use school personnel or [ any part of the] school [ organization] to regulate such attendance.
E. Records of attendance at released-time classes, grades,
marks, or other data shall not be included in the reports made by
the school to parents.
F]. Teachers of released-time classes are not [ to be considered] members of the school faculty [ or to] participate as faculty members in any school
I]. Public school teachers, administrators, or other
officials shall not request teachers of released-time classes to
exercise functions or assume responsibilities for the public school
program which would result in a commingling of the activities of
the two institutions.
G]. Schedules of classes for public schools shall not include
. At the convenience of the school, registration
forms may contain a space indicating [ "]released-time[ "] designation.[
Scheduling shall be done on forms and supplies furnished by
the religious institution and by personnel employed or engaged by
the institution and shall occur off the premises of the public
H]. Public school publications shall not include pictures,
reports, or records [ of functions] of released-time classes.
J]. Public school equipment or personnel shall not be used in
any manner to assist in the conduct of released-time classes.[
No connection of bells, telephones, or other devices shall
be made between public school buildings and institutions offering
religious instruction except as a convenience to the public school
in the operation of its own program. When any connection of devices
is permitted, the pro rata costs shall be borne by the respective
institutions. K. Institutions offering religious instruction shall be
regarded as private schools completely separate and apart from the
public schools. Those relationships that are legitimately exercised
between the public school and any private school are considered an
appropriate relationship with institutions offering released-time
classes, so long as public property, public funds, or other public
resources are not used to aid such institutions.]
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: January 8, 2008
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1); 53A-1-401(3)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20111001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com.