TALLAHASSEE, Fla. — Florida public school districts must excuse students when parents request time away from class for off-campus religious instruction, Attorney General James Uthmeier said in a new legal opinion that could reshape how school boards handle religion-related absences.
The opinion centers on release time for religious instruction, often called RTRI, which allows students to leave school or be absent during part of the school day for religious instruction or devotional exercises away from public school property.
Uthmeier issued the opinion in response to a question from state Sen. Clay Yarborough about whether Florida law requires districts to accommodate those requests. His answer was yes.
According to the Attorney General’s Office, some school boards had issued blanket denials or placed restrictions on release-time programs. Uthmeier said those actions violate Florida law.
“Florida law, consistent with the Supreme Court’s decisions in Zorach and Mahmoud, prohibits public schools from restricting parents’ efforts to direct the religious upbringing of their children, including participation in RTRI,” Uthmeier wrote.
The opinion comes as the State Board of Education has also updated its rules on excused absences for religious instruction or religious holidays. The amended rule took effect June 17 and requires school districts to adopt policies allowing parents to request and receive permission for such absences.
Under the rule, students must be allowed to make up missed schoolwork. School principals are also expected to work with parents to make sure religious instruction absences do not occur during core-curriculum instruction when possible.
Supporters say the policy strengthens parental rights and protects religious expression in public education. They argue families should not be penalized for seeking religious instruction during the school week, provided the instruction happens off campus and does not disrupt required coursework.
Uthmeier framed the issue as part of a broader parental-rights debate, writing that release-time religious instruction helps parents direct the moral and religious upbringing of their children.
The move was praised by advocates who say public schools have an obligation to respect families’ religious choices.
But the policy has also raised questions from some parents and education advocates, who worry about classroom disruption, excessive absences, and whether districts will apply the rule equally across all faith traditions.
At a State Board of Education meeting, Amy Perwien, a Collier County parent and member of the Interfaith Alliance of Southwest Florida, questioned how repeated absences could affect learning and classroom schedules.
“How disruptive will leaving and returning to school be for classroom learning? What additional scheduling problems will be created by this rule?” Perwien asked.
The debate reflects a larger shift in Florida education policy, where state leaders have increasingly emphasized parental rights, religious expression, and character development in schools.
For school districts, the practical question now becomes implementation. Districts will need policies that comply with the state rule while balancing classroom instruction, attendance requirements, transportation logistics, and equal treatment for religious requests.
Why It Matters
The opinion gives parents stronger footing when requesting religious instruction time during the school day and puts school districts on notice that blanket denials may violate state law.
It also places Florida at the center of another national debate over the role of religion, parental authority, and public education.
For supporters, the rule protects religious liberty and family decision-making. For critics, it raises concerns about fairness, classroom disruption, and how far public schools should go in accommodating off-campus religious activity.
What’s Next
Florida school districts must now make sure their attendance and religious instruction policies comply with the updated state rule.
Future disputes could arise over scheduling, missed coursework, transportation, and whether districts apply the policy evenly across different religions.
