Alabama Senate committee approves religious instruction policy mandate

An Alabama Senate committee Wednesday approved a bill that would require school boards to adopt policies on whether to allow students to leave school for religious study and give them academic credit for it.

SB 278, sponsored by Sen. Shay Shelnutt, R-Trussville, mirrors HB 342, sponsored by Rep. Susan DuBose, R-Hoover, which was rejected by the House Education Committee on April 2. The state already has a law that allows school boards to adopt such policies, known as Released Time Religious Instruction (RTRI). The bill would mandate the development of those policies.  

The committee heard from critics and supporters of the legislation last week. 

“The bill is designed to provide local control and flexibility, ensuring a district can implement policies that best suit their needs, while respecting the constitutional rights of students and parents,” Shelnutt said Wednesday.

The senator said the policy could forbid RTRI. 

“Yes, local boards have the ability to adopt their own policies,” he said. “If the policy they implement is super narrow because this does not work in their district in any way, then so be it.”

Sen. Kirk Hatcher, D-Montgomery, echoed a concern raised by Dale County Superintendent Ben Baker last week that there is not enough time in the school day for students to leave campus for RTRI. He said religious instruction should happen at home. 

 “This is kind of boilerplate legislation, in my view. At some point we have to give parents the responsibility we say parents should have in terms of how they go about the process of sharing moral values with their kids,” Hatcher said. “In fact, I know that it should begin at home.”

Hatcher also questioned the intent of the bill. Although the legislation says that any religious group can participate, Hatcher was concerned about what that would look like and if it would happen.

“I do know that there’s a slippery slope to this kind of legislation,” he said. “I do know that a part of the intent of legislation like this has a great deal to do with this notion of Christian nationalism.”

Sen. Roger Smitherman, D-Birmingham, raised concerns over liability. He said that students could sign up for the program, leave the school and not attend the program.

“We don’t have control over them but they’re still under us, but we don’t have control. That’s an hour that is returned outside during the hours of eight to three,” Smitherman said.

Shelnutt said the groups that host RTRI, like LifeWise Ministry, will assume all liability. According to LifeWise’s sample curriculum, it teaches the Christian belief that “God created all things good” to a list of virtues that the nonprofit describes as “LifeWise qualities.”

At least 30 school board representatives from across the state attended Wednesday’s meeting. Sally Smith, executive director of the Alabama Association of School Boards, said she is disappointed the legislation passed, but would continue to have conversations with lawmakers. Smith has consistently expressed concern and opposition to the bill.

“We think that we just have to have continued conversations with our senators due to local leaders’ concerns with this bill,” Smith said in an interview. “It is in the area of making policy that presents constitutional challenges to local boards of education. So it is not as clearly clean cut as some may think.”

The bill was approved 8-1 with Hatcher as the only member that voted against the bill. Smitherman said he only voted for it to get it out of committee, but that it still needed significant work. Shelnutt said he would work with Smitherman on his concerns.

“I’m going to vote to get the bill out of committee, but I do think that before we move that bill on the floor, that these things have got to be tightened up,” Smitherman said.

The bill moves to the full Senate.