Religious Instruction and Released Time in Utah Public Schools

The U.S. Supreme Court has consistently upheld the separation of church and state in public schools to safeguard students’ constitutional rights.

In McCollum v. Board of Educ., 333 U.S. 38 (1948), the Court ruled that religious instruction in public schools is unconstitutional. However, it also established that students may leave school during the day for “released time” to attend private religious classes off-campus, provided that public schools remain neutral and do not become entangled with religious institutions.

This principle has been further refined through decades of legal rulings. A pivotal case in Utah, Lanner v. Wimmer (1981), addressed the constitutionality of LDS seminary programs in public schools. The Tenth Circuit Court of Appeals found that released time religious programs are not inherently unconstitutional, but they carry significant risks of unconstitutional entanglement. Public schools must adopt the “least entangling administrative alternatives” to avoid violating the law and ensure neutrality. (Lanner v. Wimmer, 662 F.2d 1349, 1981).

• Secular Purpose: The policy or program must serve a non-religious purpose.
• Neutrality: It must not endorse, promote, or favor any religion.
• Avoid Excessive Entanglement: Public schools cannot become overly involved with religious institutions.

If a school fails any of these tests, its actions are unconstitutional. (Lemon v. Kurtzman, 1971; Lynch v. Donnelly, 1984)

Utah Administrative Code, Rule R277-610, outlines specific requirements for released time religious instruction to maintain separation between public education and private religious institutions.

• Private Schools: Religious programs, including LDS seminaries, are classified as private entities and must remain fully separate from public schools.
• Parental Permission: Written consent from parents is required for student enrollment in religious classes.
• No Overlap: Religious class schedules must not conflict with required school classes.

These safeguards are essential to preserving students' rights to be free from religious influence in public schools while allowing voluntary participation in private religious instruction.

• Endorse, promote, or administer religious activities or instruction.
• Use public funds, resources, or equipment (like phones, intercoms, or copiers) to support religious programs.
• Encourage or pressure students to attend religious instruction, including LDS seminary.

If a school does any of these, they are violating your constitutional rights.

If you choose not to participate:

• Schools cannot penalize you or treat you differently.
• Alternative educational opportunities must be provided during release time.

If you feel pressured or excluded/penalized from the school for not participating, report it immediately.

• No shared registration: Seminary classes must be registered separately from school courses.
• No public school facilities: Religious instruction must occur off-campus in private facilities.
• No public records: Seminary grades or credits cannot appear on official school records or count toward graduation.
• Parental consent required: Students must have written permission from their parents to participate in religious instruction.

These restrictions apply equally to all religious instruction—not just LDS seminary.

Schools must provide the same accommodations for all students, regardless of their religion. If a school allows LDS seminary programs, they are legally required to allow released time for other religious programs under the same terms.

• Register students for seminary or other religious courses.
• Count seminary credits toward graduation or include seminary grades in official transcripts.
• Allow religious classes in public school buildings or use school resources (phones, intercoms, copiers, newspapers) to promote religious instruction.
• Discipline students for choosing not to participate in religious instruction.
• Encourage or pressure students to attend seminary or other religious classes.
• If you are being forced to participate in religious activities, excluded because of your beliefs, or denied equal treatment, we can help.

• Document the issue: Write down what happened, including dates, names, and details.
• Report it: Contact the Utah State Office of Education, your local school board, and the ACLU of Utah.
• Let us know: The ACLU of Utah is here to hold schools accountable and protect your rights.

We are watchdogs for Utah students’ civil rights and liberties. If a school crosses the line, we will take action.