Text to be removed highlighted in red.
1 Short Title. This act may be known and cited as the "New Hampshire Released Time Education Act."
2 New Subdivision; Released Time Courses. Amend RSA 194 by inserting after section 19-a the following new subdivision:
Released Time Courses
194:19-b Definitions. In this subdivision:
I. "Released time course" means a course in religious instruction taught by an independent sponsoring entity and which a student is excused from school to attend.
II. "School district" means school district as defined in RSA 194:1 and shall include cooperative school districts as defined in RSA 195:1, I.
194:19-c Released Time Excusal Policies.
I. Public schools shall adopt a policy to facilitate compliance with paragraph II to excuse a student from school to attend a released time course, provided that such policy does not interfere with the ability of a student's parent or legal guardian to request or access a released time course for the student.
II. Public schools shall, upon the request of a student's parent or legal guardian, excuse any student under its jurisdiction from school to attend a released time course for at least one hour per week, but not more than 5 hours per week, if the following requirements are met:
(a) The student's parent or legal guardian gives written consent for the student to attend the released time course;
(b) The entity sponsoring the released time course maintains attendance records and makes them available to the school district the student attends;
(c) Transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, guardian, or student;
(d) The sponsoring entity makes provisions for and assumes liability for the student while under the control of the sponsoring entity;
(e) No school district funds, other than de minimis administrative costs, are expended in
providing the released time course;
(f) Released time courses are not to be held on school property unless permitted under a neutral policy of equal access opening school property for use by community groups; and
(g) The student assumes responsibility for any missed schoolwork.
III. Notwithstanding any provision of law to the contrary, any period for which a student is excused to attend a released time course shall be considered as the student attending the school from which the student is excused for the purposes of determining school funding and satisfying attendance requirements.
IV. Nothing in this subdivision shall be interpreted to deny a released time course or the sponsoring entity equal access to funds, benefits, or services that the local school system may provide or make available to community groups or other independent entities.
194:19-d Credit For Released Time Courses.
I. School districts shall adopt a policy that awards academic credit for the completion of a released time course and recognizes the credits of an independently accredited provider of released time courses.
II. In determining how much credit to award for completion of such a course, school districts shall evaluate the course based on purely secular criteria that are substantially the same criteria used to evaluate similar courses for purposes of determining how much credit to award for such courses. The decision to award credit for a released time course shall be neutral to, and shall not involve any test for, religious content or denominational affiliation.
III. For purposes of this section, secular criteria may include the following:
(a) The number of hours of classroom instruction time;
(b) A review of the course syllabus that reflects course requirements and materials used;
(c) The methods of assessment used in the course; and
(d) The qualifications of the course instructor.
194:19-e Remedies. Any person or organization aggrieved by a violation of this subdivision may bring an action against the school district responsible for the violation and seek appropriate relief, including injunctive relief, monetary damages, reasonable attorneys' fees, and court costs.
3 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Short Title. This act may be known and cited as the "New Hampshire Released Time Education Act."
2 New Subdivision; Released Time Courses. Amend RSA 194 by inserting after section 19-a the following new subdivision:
Released Time Courses
194:19-b Definitions. In this subdivision:
I. "Released time course" means a course in religious instruction taught by an independent sponsoring entity and which a student is excused from school to attend.
II. "School district" means school district as defined in RSA 194:1 and shall include cooperative school districts as defined in RSA 195:1, I.
194:19-c Released Time Excusal Policies.
I. Public schools shall adopt a policy to facilitate compliance with paragraph II to excuse a student from school to attend a released time course, provided that such policy does not interfere with the ability of a student's parent or legal guardian to request or access a released time course for the student.
II. Public schools shall, upon the request of a student's parent or legal guardian, excuse any student under its jurisdiction from school to attend a released time course for at least one hour per week, but not more than 5 hours per week, if the following requirements are met:
(a) The student's parent or legal guardian gives written consent for the student to attend the released time course;
(b) The entity sponsoring the released time course maintains attendance records and makes them available to the school district the student attends;
(c) Transportation to and from the place of instruction, including transportation for students with disabilities, is the complete responsibility of the sponsoring entity, parent, guardian, or student;
(d) The sponsoring entity makes provisions for and assumes liability for the student while under the control of the sponsoring entity;
(e) No school district funds, other than de minimis administrative costs, are expended in
providing the released time course;
(f) Released time courses are not to be held on school property unless permitted under a neutral policy of equal access opening school property for use by community groups; and
(g) The student assumes responsibility for any missed schoolwork.
III. Notwithstanding any provision of law to the contrary, any period for which a student is excused to attend a released time course shall be considered as the student attending the school from which the student is excused for the purposes of determining school funding and satisfying attendance requirements.
IV. Nothing in this subdivision shall be interpreted to deny a released time course or the sponsoring entity equal access to funds, benefits, or services that the local school system may provide or make available to community groups or other independent entities.
194:19-d Credit For Released Time Courses.
I. School districts shall adopt a policy that awards academic credit for the completion of a released time course and recognizes the credits of an independently accredited provider of released time courses.
II. In determining how much credit to award for completion of such a course, school districts shall evaluate the course based on purely secular criteria that are substantially the same criteria used to evaluate similar courses for purposes of determining how much credit to award for such courses. The decision to award credit for a released time course shall be neutral to, and shall not involve any test for, religious content or denominational affiliation.
III. For purposes of this section, secular criteria may include the following:
(a) The number of hours of classroom instruction time;
(b) A review of the course syllabus that reflects course requirements and materials used;
(c) The methods of assessment used in the course; and
(d) The qualifications of the course instructor.
194:19-e Remedies. Any person or organization aggrieved by a violation of this subdivision may bring an action against the school district responsible for the violation and seek appropriate relief, including injunctive relief, monetary damages, reasonable attorneys' fees, and court costs.
3 Effective Date. This act shall take effect 60 days after its passage.