Alabama lawmakers reject bill requiring religious instruction policies

Alabama lawmakers on Wednesday defeated a proposal that would have mandated school boards to write policies for public school students to receive credits for leaving campus early for religious instruction.

The defeat of HB342 came after a brief debate in which its sponsor claimed the bill allowed for “more religious liberty” in Alabama. It also built upon the Alabama Released Time Credit Act of 2019 that first gave local school systems the ability to develop policies permitting students to attend religious classes off campus and during public school hours.

But a bipartisan group of lawmakers on the Alabama House Education Policy Committee argued that the legislation created additional regulations for schools. They were also uncertain on what kind of expectations local school boards will have in accommodating religious credit requests.

The vote defeating HB342 was 9-4 in the Alabama House Education Policy Committee.

“I appreciate the concept,” said Rep. Jeana Ross, R-Guntersville. “I have the issue with the practical implementation of this. I feel like in my district, it’s another regulation for (schools). They are doing the best they can.”

Rep. Susan Dubose, R-Hoover, the bill’s sponsor, pushed for the bill because only 12 of Alabama’s school systems have adopted policies since 2019 allowing students to leave school during school hours for religious instruction.

She also argued there was demand for the program by citing a survey of 4,000 signatures from parents interested in early release times for students seeking religious instruction.

“That’s 12 out of over 130 we have in Alabama,” Dubose said. “We know there is demand from the parents for this program. We don’t feel like parents should have to go and fight the school board for a program that is constitutionally allowed by the U.S. Supreme Court.”

She added, “I think the answer is more religious liberty, not less.”

Under HB342, school boards would have been required to draft a policy on how they would provide for elective credits if a student wanted to leave campus early for a religious class.

The bill had been changed from a version considered during a public hearing last month that would have required schools to not only create a policy but also give elective credit if the coursework met requirements.

Dubose said there was no mandate for school systems to have elective credits for off-campus religious studies.

She said that Hoover City Schools has a policy that sets aside elective credits for religious instruction for high school students only, and that it’s only offered during the final period of the school day.

Dubose said the policies can be “as narrow or broad as they want.”

Rep. Barbara Drummond, D-Mobile, said she wasn’t sure why then a school board was required to write a policy for a program it wasn’t required to pursue. She said she was concerned about small school systems that do not have the ability to provide off-campus elective credits for students.

“So, they should have a policy that says, ‘We do nothing?‘” Drummond asked.

Dubose responded, “I’m not suggesting they have a policy that says they do nothing, but legally they can get creative with what they want.”

Other lawmakers said that not enough time has passed since the 2019 law was adopted to see if more public schools would give elective credits for religious instruction.

Rep. Alan Baker, R-Brewton, said he felt the law was still new. And Ross said she felt more time was needed after the pandemic to see how schools will respond.

Baker said he believes some school districts have approached it and made a “conscious decision” not to adopt a policy.

“I am glad to see what we have in motion right now is working in that every single public school across the state has the opportunity to engage in the program now,” Baker said.

Dubose said she had a “difference of opinion” with Baker on whether it was working, pointing only 12 that have a program.

“This will require their own policy which is what we do as members … is ask the school board to adopt policies,” Dubose said, comparing it to the Alabama Literacy Act. She called it one of the most “open-ended policies” asked of school system.

The legislation had its opponents, including the Alabama Association of School Boards. But it also had supporters including Republican Lt. Gov. Will Ainsworth who praised Ohio-based LifeWise Academy, which offers school-time Bible education to public school students at over 300 schools in 15 states.