School Excusals for Religious Purpose
Valente & Valente
p. 77-78
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Supreme Court overturned a school program whereby students were released from
regular classes on parental request in order to attend private religious instruction in
another part of the public school, this is unconstitutional aid to religion. (McCollum v.
Board of Education, 333 U.S. 203 (1948)
However it is okay for students to be released from school to attend religious instruction
away from the school (Zorach v. Clauson, 343 U.S. 306 (1952)
The right of teachers or students to be excused from school attendance in order to
observe religious obligations will depend on the urgency of the school’s need to insist on
regular attendance and the counter balancing of the individual’s need to perform a
religious obligation.
A School holiday that coincides with a major Christian holiday (Good Friday) has also
received mixed court treatment.
Lower courts have also upheld school rules that prohibit extracurricular school activities
during the Sabbath periods of various sects.
Teacher accommodation of religion claims are protected under the federal employment
discrimination statute (Title VII). However schools do not have to pay for this time off.
The denial or withdrawal of academic credits for religiously grounded student defaults
may be overturned as an unconstitutional penalty on the practice of religion under the
Free Exercise Clause.