6A-1.09514. Excused Absences for Religious Instruction or Holiday

(1) Release time during the school day to participate in religious instruction. Each school district which chooses to permit release time during the school day for students to participate in religious instruction shall adopt rules to implement Section 1003.21(2)(b), F.S. The school district’s rules shall include, but are not limited to, the following:

(a) Provisions establishing the procedures and time frames under which each religious institution which offers religious instruction will make its attendance records available to the school district. Such provisions shall not impair nor impede the school district’s established system of attendance recordkeeping although the school district may make adjustments in its system as long as the school district continues to comply with Sections 1003.23 and 1003.436, F.S. and Rule 6A-1.044, F.A.C.

(b) Provisions establishing the school district’s requirements for the acceptance by the religious institution or parents of responsibility for any liability involving students on release time. Such requirements shall as a minimum require the religious institution or parents to indemnify the school district and hold it harmless with respect to any liability arising from conduct which does not occur on property under the control or supervision of the school district, and to maintain adequate insurance for that purpose.

(c) Provisions which assure that decisions on requests for release time properly take into account the district’s pupil progression plan as stated in Section 1003.21(1)(b), F.S.

(d) Provisions which give parents and students an opportunity to be heard in connection with a decision to terminate the permission given to a student to attend religious instruction during the school day.

(2) Each school district shall adopt rules to implement Section 1003.21(2)(b), F.S., for students in grades K through 12. The district’s rules shall provide that absences from school for observance of a religious holiday or because the tenets of a student’s religion forbid secular activity during a school day or portion thereof shall be excused subject to compliance with such rules. The district’s rules shall include, but are not limited to:

(a) Provisions for establishing and modifying a list of religious holidays which shall be included in the rules. School districts may consult with religious institutions and leaders in the community for this purpose.

(b) Provisions for the procedures and time limits to be observed by students, teachers, and administrators in making available to each student so excused an opportunity to make up any examination, study, or work assignment which has been missed.

(c) Provisions for the procedures and time limits applicable to the giving of prior notice of a student’s intended absence by the student’s parent or guardian.

(d) Provisions giving affected students and parents an opportunity to be heard in connection with the decision to excuse or not excuse an absence on a day or portion thereof which is not included in the list of religious holidays.

(3) Each school district which operates one or more postsecondary vocational education school shall adopt a policy, including a grievance procedure, as prescribed in Section 1001.64(8)(g), F.S., which shall be applicable to the students of the postsecondary vocational education school. The policy shall separately specify the reasonable accommodations made in regard to admissions, class attendance and the scheduling of examinations and work assignments, provided that:

(a) The school district shall not be obligated to make accommodations which impair or impede its compliance with other statutes and rules of the State Board of Education, or which adversely affect the quality of the instruction at a postsecondary vocational education school.

(b) The content of the policy shall be determined by the school district which may solicit and receive, but is not bound by, information from religious organizations, leaders, and affected students.

(c) The school district shall annually make known its policy as required in Section 1001.64(8)(g), F.S.

(4) For purposes of this rule, a school district may accept as prima facie proof that a student is a member of, or practices and observes the tenets of, a religious group, church or denomination, a notarized statement to that effect from an adult student or from the parent or guardian of a minor student.

Rulemaking Authority 1001.02(1), 1003.21(2)(b), 1001.64 FS. Law Implemented 1003.21, 1003.436, 1006.33 FS. History–New 10-17-89, Amended 5-3-10.