Texas public school students will soon be able to leave campus during the school day to attend religious instruction under a new law signed by Gov. Greg Abbott.

According to the Christian Post, Senate Bill 1049, which takes effect in September 2025, will allow students to participate in religious education for up to five hours a week during school hours as long as certain requirements are met.

Republican lawmakers in Texas led the effort to pass the bill, which cleared the state Senate with a 30-1 vote and the House of Representatives by a margin of 123-12. While most supporters were Republican, the legislation also received backing from some Democrats in both chambers. Only one Democrat in the Senate and a dozen in the House opposed the measure.

Law Grants Time for Faith-Based Learning

Under the new law, all public school districts and charter schools in Texas must have a policy in place by January 1 that permits students to leave campus for what is called "released time." This term refers to religious instruction provided by private organizations outside of school facilities.

Students may be excused from school for a minimum of one and a maximum of five hours each week under this program. The law outlines that the instruction must take place off-campus and be organized by a private entity not affiliated with the public school system.

Importantly, the law prohibits the use of public school funds or school facilities to support religious instruction. Therefore, the burden of transportation and liability during the released time falls on the religious organizations or the students’ parents.

Requirements Aim to Balance Faith and Regulation

To participate in these classes, parents must provide written permission to their child's school, ensuring a degree of family consent and oversight. In addition, the organizations offering religious instruction must document student attendance and assume responsibility for their safety during that time.

The law separates the operations of public schools from those of religious institutions by stating that no taxpayer resources or school grounds may be used for instruction. This design attempts to address concerns about the separation of church and state.

Supporters argue that the legislation empowers families to incorporate faith into their children’s education under their beliefs, without requiring changes to school curricula or resources.

Citing Supreme Court Ruling, Legal Group Backs Law

The conservative legal organization Alliance Defending Freedom publicly endorsed the bill. ADF Senior Counsel Greg Chafuen stated that this approach aligns with a 1952 U.S. Supreme Court ruling, Zorach v. Clauson, which upheld the ability of schools to release students for religious education during school hours as constitutional.

Chafuen argued that the law affirms the role of parents in their children’s upbringing. “Parents have the right and responsibility to guide the upbringing and education of their children,” he said.

He also emphasized that the bill supports families’ freedom to raise children according to their faith. According to Chafuen, Senate Bill 1049 respects educational choices and allows access to free, off-campus religious courses led by charitable private groups.

Opposition Voices Concerns Over Classroom Time

Not everyone views the legislation as beneficial. The Freedom From Religion Foundation, a nonprofit advocating for the separation of church and state, criticized the policy, expressing worry it could undermine classroom learning.

The organization notes that removing students from class for religious instruction may reduce time spent on academic subjects. They claim students who do not participate may be left with minimal or non-meaningful classwork during those periods.

Though the law sets parameters in an attempt to avoid constitutional conflicts, critics argue that it might still alienate students who do not practice religion or who are part of minority faith groups not served by available instruction options.

Other States Already Employ Similar Policies

Texas joins other states with comparable policies already in place. Similar “released time” laws exist in Ohio and Oklahoma, and earlier this month, Iowa Governor Kim Reynolds signed a related bill into law.

Although the idea is not new, Texas’s version draws attention for its scope and the firm deadlines it sets for school policy implementation, most notably the requirement to have compliant policies adopted by January 1, 2025.

As the law's start date nears, districts across Texas will have to work with parents, religious organizations, and legal advisors to establish how the released time program will be applied to their communities.