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6-11-2026 10:14am
Florida AG Warns School Districts: Parents Can Pull Students for Off-Campus Religious Instruction
Tidings Staff
Editor
Florida Schools Warned: Religious Release Time Is a Parent’s Right, Not a District Favor
Attorney General James Uthmeier says Florida law requires public schools to honor parent requests for off-campus religious instruction.
Florida Attorney General James Uthmeier has issued a formal legal opinion warning Florida school districts that parents have a right to request release time for students to attend off-campus religious instruction during the school day — and that school boards may not block those requests with blanket denials or grade-level limits.
The June 9, 2026 opinion was sent to state Sen. Clay Yarborough after Yarborough asked whether Florida law, along with U.S. Supreme Court precedent, requires public schools to accommodate parental requests for “release time for religious instruction,” often called RTRI.
Uthmeier’s answer was direct: “In short, my answer to your question is yes.”
He continued: “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.”
The opinion defines RTRI as a process where students are released from public school, at a parent’s request, to attend religious instruction or devotional exercises off school property. The instruction is not taught by the school, not hosted on school property, and not funded by the school district.
According to the Attorney General, some Florida school boards have tried to deny these requests outright or restrict them to certain grades. Uthmeier wrote that school boards “must grant RTRI requests” and concluded that both blanket denials and grade-level limits “violate Florida law.”
The statute at the center of the dispute is section 1003.21(2)(b)1., Florida Statutes. It says each district school board “shall adopt policies authorizing a parent to request and be granted permission for absence of a student from school for: 1. Religious instruction or religious holidays.”
Florida’s parent-rights statute says the same thing in plain language: “A parent of a public school student may request and be granted permission for absence of the student from school for religious instruction or religious holidays.”
The Attorney General also cited Florida’s Parents’ Bill of Rights, which recognizes a parent’s right “to direct the upbringing and the moral or religious training of his or her minor child.”
The State Board of Education has also moved in the same direction. Florida Administrative Code Rule 6A-1.09514, titled “Excused Absences for Religious Instruction or Holiday,” was amended with an effective date of June 17, 2026. The official rule history says the amendment aligns with section 1003.21(2)(b)1. and requires districts to adopt policies allowing parents to request and be granted permission for religious instruction absences.
The Governor’s Office has not issued a statement specifically on Uthmeier’s June 9 opinion, but Gov. Ron DeSantis has repeatedly tied Florida education policy to parental rights and religious liberty.
In a 2025 Governor’s Office release announcing Florida’s No. 1 ranking for religious liberty, DeSantis said: “Religious liberty is critical to the foundation and function of America, and I am proud that Florida excels in protecting this right.”
That same release said the Parents’ Bill of Rights “explicitly provides parents with the right to direct the upbringing and the moral or religious training of his or her minor child.”
In a 2026 school-choice announcement, DeSantis said: “Florida families have access to the nation’s top ranked and largest school choice program.” His office added that Florida was “once again empowering its residents and families to make the choices that are best for them.”
For school districts, the message from Tallahassee is now clear. Florida law does not require public schools to teach religion. It does not require public schools to fund religion. It does not require districts to provide transportation, supervision, or campus space for religious programs.
But when a parent requests that a child be released from school for off-campus religious instruction, Florida’s Attorney General says districts must honor that request under state law.
Original Government Documents and Official Sources
Florida Attorney General Legal Opinion, June 9, 2026:
https://www.myfloridalegal.com/sites/default/files/From%20the%20desk%20documents/religious-instruction-opinion.pdf
Florida Statute 1003.21 — School Attendance:
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099/1003/Sections/1003.21.html
Florida Statute 1002.20 — K-12 Student and Parent Rights:
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.20.html
Florida Administrative Code Rule 6A-1.09514 — Excused Absences for Religious Instruction or Holiday:
https://flrules.org/gateway/ruleno.asp?id=6A-1.09514
Governor’s Office Religious Liberty Release, July 14, 2025:
https://www.flgov.com/eog/news/press/2025/governor-ron-desantis-announces-florida-ranks-1-religious-liberty-us
Governor’s Office School Choice Release, January 28, 2026:
https://www.flgov.com/eog/news/press/2026/governor-ron-desantis-announces-florida-opts-federal-education-freedom-tax-credit
Tidings Media Teaser
Tidings Media will continue tracking how Florida school districts respond to the Attorney General’s opinion, including whether local boards update their attendance policies, whether parents face resistance, and whether districts comply with the new state rule taking effect June 17.
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