Public schools must excuse students for religious instruction, Florida AG says

Lauren Costantino, Miami Herald on Jun 16, 2026

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

Florida Attorney General James Uthmeier last week issued a legal opinion affirming that all school districts must accommodate parents who want their children to leave or be absent from school for the purpose of receiving religious instruction.

Release time for religious instruction, also known as RTRI, allows students to be excused from school to attend religious instruction or “devotional exercises” off school property.

Uthmeier wrote the opinion in response to a question from Senator Clay Yarborough about whether existing Florida statutes require a school district to accommodate such requests. Uthmeier said his answer, in short, is yes.

According to Uthmeier’s opinion, certain school boards in Florida were providing “blanket denials” for RTRI programs or placing other types of restrictions. Both violate Florida law, said Uthmeier.

“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.

Florida already had policies in place for parents who want their children to be excused for things like religious holidays and religious instruction, but they weren’t mandatory for school districts. Uthmeier’s opinion, coupled with a recently approved update to policy by the Florida Board of Education, gives further guidance to school districts about how the rules should be implemented.

In his opinion, Uthmeier said the rule ensures that the younger generations are becoming “properly shaped” in terms of civic, moral and religious character, elements that he said are “essential to the maintenance and longevity of our republican system of government.”

“Crucially, RTRI enables parents to honor their sacred duties to raise their children in the faith. The LORD—author of our natural rights and duties—requires nothing less,” the attorney general wrote.

Board of education updates existing policy

At a May 14 meeting in Miami-Dade County, the State Board of Education updated its policies to require school districts to allow parents to request permission for a student to be absent from school for religious instruction or religious holidays. The absence would count as an excused absence and teachers must give students an opportunity to make up missed work, according to the new rules.

The amendment also requires the school principal to work with parents to ensure that absences for religious instruction “do not take place during instruction in core-curricula courses.”

The rule changes take effect on June 17.

At the meeting, members of the board of education applauded the rule changes.

Board commissioner Anastasios Kamoutsas said that the amendment fits into Florida’s broader initiative around teaching character development in schools.

Kamoutsas said the amendment was “near and dear to his heart” and allows students to be given more exposure to education that he believes is vital to a child’s development. At the same time, Kamoutsas said the amendment balances giving children a rigorous classroom instruction with giving parents the option to expose their children to religious instruction.

Board member Grazie Christie celebrated the amendment, saying she believes the purpose of education moves beyond filling “children’s minds with knowledge and technical know-how,” but also includes character development through religious practice.

Freedom of religious expression

The rule change comes at a time when the state and federal governments have been highly focused on advocating for freedom of religious expression.

In February, the Department of Education released guidance reiterating that public school students and employees have a right to act and speak in accordance with their religious beliefs, provided they do not invade the rights of others.

In March, Kamoutsas announced a new complaint process, which allows parents and individuals to submit complaints to the department if they feel their rights to prayer and religious expression in schools are not being honored.

At the May 14 Board of Education meeting, Amy Perwien, a parent in Collier County raised questions about how a student’s excessive absences may negatively impact their overall learning and mental health. Perwien also asked if all religious holidays will be treated equally.

“How disruptive will leaving and returning to school be for classroom learning? What additional scheduling problems will be created by this rule?” asked Perwien, who is also a member of the Interfaith Alliance of Southwest Florida.

Kathleen Murray, state education director of Citizens Defending Freedom, praised the new rules for allowing parents to “place faith at the center of their child’s lives” without being penalized.

“A child can retake a test, but that child cannot get back a missed opportunity for worship or spiritual growth,” said Murray.

_____