BILL ANALYSIS

S.B. 1049

By: King

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In the landmark 1952 United States Supreme Court decision Zorach v. Clauson, the court ruled that public schools may release students during school hours for off-campus religious courses that are not publicly funded. However, the bill sponsor has informed the committee that not all public school districts and open-enrollment charter schools in Texas let students leave for such courses. S.B. 1049 requires districts and charter schools, on request of a parent or legal guardian of a student enrolled at the district or charter school and subject to a policy adopted by the district or charter school under the bill's provisions, to excuse the student from attending school  to attend one to five hours a week of released time courses, defined as courses in religious instruction offered by a private entity. Among other provisions, the bill requires districts and charter schools to adopt a policy to facilitate these excused absences that must require and prohibit various things, including but not limited to requiring parental consent, requiring the maintenance of attendance records by the private entity and for the private entity to make those attendance records available to the district or charter school at which the student is enrolled, and requiring the assumption of responsibility by the student for missed schoolwork.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1049 amends the Education Code to require a public school district or open-enrollment charter school, on the request of a parent or legal guardian of a student enrolled at the district or charter school and subject to the policy adopted by the district or charter school under the bill's provisions, to excuse the student from attending school to attend a released time course for at least one but not more than five hours a week. The bill defines "released time course" for purposes of its provisions as a course in religious instruction offered by a private entity. The bill requires each district and charter school, not later than January 1, 2026, to adopt a policy for excusing a student enrolled at the district or charter school from attending school to attend a released time course. The bill establishes the following regarding the policy:

· the policy must require the following:

o the student's parent or legal guardian to provide written consent for the student to attend the released time course;

o the private entity offering the course to maintain attendance records and make the records available to the district or charter school at which the student is enrolled;

o the private entity, parent or legal guardian, or student to assume responsibility for transportation, including transportation for a student with a disability, to and from any location at which the course is offered;

o the private entity to make provisions for and assume liability for the student enrolled in the released time course while the student is under the private entity's care; and

o the student to assume responsibility for any schoolwork issued during the student's absence;

· the policy must prohibit the following:

o the district or charter school from using district or charter school funds, excluding de minimis costs, to facilitate the provision of a released time course; and

o the private entity from offering the released time course on district or charter school property, unless permitted under a neutral policy of equal access that allows community organizations to use district or charter school property; and

· the policy may not interfere with the ability of the student's parent or legal guardian to request or access a released time course for the student.

The bill includes a student attending a released time course under the bill's provisions among the purposes for which a district is required to excuse a student from attending school.

EFFECTIVE DATE

September 1, 2025.