Current through Reg. 50, No. 187; September 24, 2024
(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.
New 10-17-89, Amended
5-3-10.
