SB1049

SB1049 requires public school districts and open-enrollment charter schools to allow qualifying absences for privately offered religious instruction. At a parent’s or legal guardian’s request, and subject to the required school policy, a student must be excused to attend a “released time course” for at least one but no more than five hours a week. The definition is a course in religious instruction offered by a private entity—not any privately offered class or a general category of moral instruction. Final law, section 2.

The school policy must require written parental or guardian consent; attendance records kept by the private provider and available to the school; and responsibility for transportation, including disability-related transportation, to and from the course resting with the private entity, parent or guardian, or student. The provider must make provisions for the student and assume liability while the student is in its care. The student remains responsible for schoolwork assigned during the absence. Final law, new 25.0875(c)(1).

This is not permission to publicly finance a religious course. The policy must prohibit school funds from facilitating a course except for “de minimis”—minimal—costs. It must prohibit courses on school property unless a neutral equal-access policy allows community organizations to use that property. Thus neither “no public cost whatsoever” nor “never on campus” describes the law accurately. The policy may not interfere with a parent’s or guardian’s ability to request or access a course. Final law, new 25.0875(c)(2)–(3).

For school districts, the act also adds the course to the existing list of mandatory excused absences, including travel for that purpose. Existing section 25.087(d) says students with qualifying absences may not be penalized for the absence, count as present for average daily attendance, and must receive reasonable time to make up missed work; satisfactory completion counts the day toward compulsory attendance. That is not automatic academic credit for the religious course or permission to ignore assigned schoolwork. Final law, section 1; Education Code 25.087, subsection (d).

Signed June 20, 2025, the law took effect September 1, 2025. Each district and open-enrollment charter school had to adopt its policy by January 1, 2026. The act imposes that deadline; this explanation does not certify any particular school’s compliance. Official history; Final law, sections 3–4.