Senate Bill 2792

AN ACT TO ENACT THE MISSISSIPPI RELEASED TIME EDUCATION ACT TO REQUIRE EACH SCHOOL DISTRICT TO ADOPT A POLICY THAT EXCUSES STUDENTS FROM SCHOOL TO ATTEND A RELEASED TIME COURSE FOR AT LEAST ONE HOUR PER WEEK BUT NOT MORE THAN FIVE HOURS PER WEEK; TO ESTABLISH CERTAIN REQUIREMENTS THAT THE POLICY MUST HAVE; TO AUTHORIZE A SCHOOL DISTRICT TO ADOPT A POLICY THAT AWARDS ACADEMIC CREDIT FOR THE COMPLETION OF A RELEASED TIME COURSE; TO PROVIDE THAT ANY PERSON OR ORGANIZATION AGGRIEVED BY A VIOLATION OF THIS ACT TO BRING AN ACTION AGAINST THE SCHOOL DISTRICT RESPONSIBLE FOR THE VIOLATION AND SEEK APPROPRIATE RELIEF, INCLUDING, BUT NOT LIMITED TO, INJUNCTIVE RELIEF, MONETARY DAMAGES, REASONABLE ATTORNEY'S FEES AND COURT COSTS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act may be cited as the "Mississippi Released Time Education Act."

SECTION 2. For purposes of this act, the following terms shall have the meanings ascribed herein:

(a) "Released time course" means a course in religious moral instruction taught by an independent entity and which a student is excused from school to attend.

(b) "School district" means any public school district in the state. This definition shall include any charter school in the state.

SECTION 3. (1) Each school district shall adopt a policy that excuses students from school to attend a released time course for at least one (1) hour per week but not more than five (5) hours per week.

(2) Such policy shall require that:

(a) The student's parent or legal guardian gives written consent for the student to attend the released time course;

(b) The entity sponsoring the released time course maintains attendance records and makes them available to the school district the student attends;

(c) Transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, guardian or student;

(d) The sponsoring entity makes provisions for and assumes liability for the student while under the control of the sponsoring entity;

(e) No school district funds are expended in providing the released time course;

(f) Released time courses are not to be held on school property unless permitted under a neutral policy of equal access opening school property for use by community groups; and

(g) The student assumes responsibility for any missed schoolwork.

(3) While in attendance in a released time course, a student shall not be considered absent from school.

SECTION 4. (1) A school district may adopt a policy that awards academic credit for the completion of a released time course.

(2) In determining how much credit to award for completion of such course, the school district shall evaluate the course based on purely secular criteria that is substantially the same criteria used to evaluate similar courses for purposes of determining how much credit to award for such course. The decision to award credit for a released time course shall be neutral to, and shall not involve any test for, religious content or denominational affiliation.

(3) For purposes of this section, secular criteria may include, but is not limited to, the following:

(a) The number of hours of classroom instruction time;

(b) A review of the course syllabus that reflects course requirements and materials used;

(e) The qualifications of the course instructor, which shall be similar to the qualifications of other teachers within the district.

SECTION 5. Any person or organization aggrieved by a violation of this act may bring an action against the school district responsible for the violation and seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorney's fees and court costs.

SECTION 6. This act shall take effect and be in force from and after July 1, 2023.