Florida attorney general says schools must allow absences for religious instruction

Florida Attorney General James Uthmeier has issued a legal opinion mandating that all public school districts must allow absences for religious instruction, a practice known as Release Time for Religious Instruction (RTRI). In response to Senator Clay Yarborough’s inquiry, Uthmeier confirmed that Florida law requires schools to accommodate such requests without restriction.

RTRI permits students to be excused from school to attend religious instruction or “devotional exercises” off-campus. Uthmeier emphasized that recent school board policies imposing blanket denials or limitations on RTRI violate state law, referencing Supreme Court precedents *Zorach* and *Mahmoud* to underscore parental rights in religious upbringing.

Florida’s prior policies permitted absences for religious holidays and instruction but lacked mandatory enforcement. Uthmeier’s opinion, alongside updated guidelines from the Florida Board of Education, now establishes clear protocols. Effective June 17, schools must treat RTRI absences as excused, with teachers allowing missed work to be completed.

Younger generations can be ‘properly shaped’ in religious character

Uthmeier argues RTRI ensures children develop “properly shaped” civic, moral, and religious character, critical to preserving the “republican system of government.” He stated the policy reflects the belief that religious education is a sacred parental duty, rooted in the “LORD—author of our natural rights and duties.”

Board of Education commissioner Anastasios Kamoutsas lauded the updated rules, calling them “near and dear to his heart” and vital for character development. The amendment balances academic rigor with parental rights to integrate faith into children’s education, per Kamoutsas.

Freedom of religious expression

The new rules align with federal and state efforts to protect religious expression. In February, the Department of Education reaffirmed public school rights to religious speech, provided it does not infringe on others. In March, Kamoutsas introduced a formal complaint process for alleged violations of religious freedoms.

Concerns were raised at the May 14 Miami-Dade Board of Education meeting. Amy Perwien questioned how RTRI absences might disrupt learning and scheduling, particularly regarding equity in treating all religious holidays. Meanwhile, Kathleen Murray of Citizens Defending Freedom praised the policy for enabling parents to “place faith at the center of their child’s lives” without academic penalties.

Perwien, part of the Interfaith Alliance of Southwest Florida, highlighted logistical challenges: “How disruptive will leaving and returning to school be for classroom learning? What additional scheduling problems will be created by this rule?” Murray countered by emphasizing spiritual growth as non-replaceable.
This story was produced with financial support from Trish and Dan Bell and donors in South Florida’s Jewish and Muslim communities, including Khalid and Diana Mirza and the Mohsin and Fauzia Jaffer Foundation, in partnership with Journalism Funding Partners. The Miami Herald maintains full editorial control of this work.

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