Public schools would be required to allow dismissal for religious instruction under new bill
The Montana House of Representatives convenes for a floor session on Jan. 6, 2025. (Micah Drew/ Daily Montanan)
A bill requiring public schools to allow children to attend religious instruction for at least one hour per week is headed to the Senate.
House Bill 343, brought by Rep. Randyn Gregg, R-White Sulphur Springs, narrowly passed the Education committee by an 8-7 vote and squeaked by in the House on a 54-45 vote on Tuesday night. It passed a third reading, moving it to the Senate, on Wednesday morning.
Gregg presented it as an opportunity for religious families to be able to choose public schools over homeschooling. Montana had about 8,524 home school students during the 2023-24 school year, an increase of almost 9% over the previous year, according to the Office of Public Instruction. Additionally, there are over 8,500 private school students enrolled in Montana.
'For many families, faith is an important part of their children's upbringing,' Gregg said. 'Without options like time-released religious instruction, some parents feel they have no choice but to leave public schools for private or home education.'
Montana law already allows districts to release students for religious activities. The bill changes the word in the law from 'may' to 'shall,' thereby requiring districts to allow time for released religious instruction. The bill also allows schools to provide credit for the time those students are receiving religious instruction. An amendment to the bill does give districts the option to not allow credit for that time.
If the school or district does provide credit, they are required to review the curriculum. Some legislators expressed worries the review process could include uncomfortable conversations with religious leaders. However, the bill stipulates districts have to be neutral and can't test the religious affiliation of requestors.
'This bill strengthens that commitment between schools and families by allowing schools to offer academic credit for these programs if they meet specific rigorous criteria,' Gregg said on the floor. 'By doing so, we free up valuable resources and time for public educators, while ensuring families have access to the education they seek for their children.'
The bill received support from the Alliance Defending Freedom, a conservative Christian legal advocacy group.
'The bill provides local school boards with clear guidance on how to award elective credit for release time and allows schools to examine whether the courses are academically rigorous and comparable to other elective courses offered to the students,' said Matt Sharp, an attorney with ADF. 'It also avoids impermissible entanglement with religion by informing school officials that they shouldn't examine the religious content or denominational affiliation of the course.'
Rob Watson, representing the Coalition of Advocates for Montana Public Schools, spoke against the bill. The coalition also includes the Montana School Boards Association and the School Administrators of Montana.
Watson said they have no issues with allowing students to leave school for religious instruction and their issues stemmed from awarding credits.
'A one size fits all mandate from the state does not serve the best interest of students, families or educators,' Watson said in a comment to committee on Feb. 19. 'School districts should have the autonomy to determine which external coursework aligns with the academic frameworks and whether such courses should be eligible for credit.'
Gregg said during the floor debate it had 'strong support' from legal and educational advocacy groups. However, the Montana Federation of Public Employees and the Montana School Boards Association spoke against the bill.
School instruction also came up in a second bill on Tuesday. House Bill 471, brought by Rep. Jedediah Hinkle, R-Belgrade, passed a second reading Tuesday night on a 56-43 vote.
Hinkle's bill would require teachers to obtain written parental permission before students receive any instruction on 'identity.' The bill adds language to laws regarding human sexuality instruction, commonly called sex ed.
'In this bill, identity instruction is a parental opt in, meaning that the school may not present these materials to any student that does not have permission from the parent or guardian,' Hinkle said on the House floor.
The bill defines the term identity instruction as having 'the goal or purpose of studying, exploring, or informing students about gender identity, or gender expression, or sexual orientation.'
'This bill assumes withholding education is the safest option,' Rep. Melissa Romano, D-Helena, who is a teacher, said in opposition to the bill on the floor. 'But in reality this just creates gaps in knowledge that harm all students.
'My job is to teach children how to think, not what to think. To help them navigate the world with knowledge, empathy and confidence.'
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