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Proposed Policy Undermines Release Time Programs and Increases Ohio School District Liability

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April 16, 2025

News Release
 For Immediate Release: 4.16.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453

Proposed Policy Undermines Release Time Programs and Increases Ohio School District Liability
Letter from First Liberty Institute warns Neola that their proposed policy is unconstitutional and undercuts state law mandating release time education, will lead to litigation.

Columbus, OH—First Liberty Institute sent a letter to the North East Ohio Learning Associates (“Neola”) on behalf of LifeWise Academy challenging its policy recommendations for school boards now required under state law to permit release-time courses for students. First Liberty warns that the policy proposed by Neola violates the First Amendment, imposes subjective standards, and will lead to costly litigation for any school district that adopts it.

You can read First Liberty’s letter here.

“Neola’s proposed policy directly contradicts the explicit direction of the Ohio Legislature,” said Jeremy Dys, Senior Counsel at First Liberty Institute. “School districts must create policies consistent with the new law requiring release time education, not policies that chill core First Amendment activity.  School districts should be warned that, if they adopt Neola’s current, proposed policy they are greatly increasing their liability and will almost certainly face a lawsuit.”

First Liberty’s letter follows similar warnings from Attorney General Dave Yost that school boards must adopt policies that “effectively carry out the law and do not limit participation so much as to raise legal concerns.”

Joel Penton, CEO of LifeWise Academy said, “We’re excited about the opportunity to welcome new families to LifeWise so that their children may experience the benefits of Bible-based character education.  Religious release time programs such as LifeWise should be accessible to all families on a consistent basis under Ohio law.”

LifeWise Academy is a nonprofit that provides Bible education to public school students during school hours under released time religious instruction laws—which the Supreme Court of the United States has upheld for nearly three-quarters of a century.

A new Ohio law went into effect earlier this month requiring that every school district in the state have a “release time” policy that allows students, with parental consent, to be “excused from school to attend a released time course in religious instruction.”

According to First Liberty’s letter, Neola’s suggested policy includes “such a blatant effort to suppress otherwise protected speech or activity” that it “adds liability to any Ohio school district who adopts the proposed policy, more so on those who dare enforce it.”

The letter also warns that Neola’s proposed policy “contradicts, and unlawfully extends beyond, Ohio’s release time law.”

In 1952, the U.S. Supreme Court determined in Zorach v. Clauson that teaching the Bible during the public school day was constitutional and therefore legal in all 50 states, as long as such programs meet three conditions: The program must be held off site of school premises, no government funds can be used for the program, and parental permission is required for child’s participation.

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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John manning at media@firstliberty.org or by calling 972-941-4453.

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