Arizona lawmakers are debating a bill that would require public schools to allow students to leave campus for religious instruction, raising questions about parental rights and constitutional limits.
State Senate President Warren Petersen, R-Gilbert, is sponsoring Senate Bill 1741, which aims to address what Petersen describes as inconsistent school district policies that can limit parental authority.
“SB 1741 solves the problem of inconsistent local policies that sometimes prevent parents from exercising their rights to direct their children’s religious and moral education,” Petersen told The Center Square. “It standardizes a clear requirement with strong safeguards, building on Arizona’s Parents’ Bill of Rights.”
The bill would require districts to permit students, with parental consent, to leave campus for voluntary religious courses for up to five hours per week. The instruction must take place off school grounds and cannot receive public funding.
Petersen said the legislation is intended to reinforce parental rights while remaining within constitutional limits.
“The main goal is to affirm parents’ fundamental right to guide their child’s religious and moral upbringing,” Petersen told The Center Square. “The program operates entirely off school property with no public funds, consistent with longstanding constitutional precedent.”
Opponents argue the bill could blur the separation of church and state and reduce instructional time.
During an Arizona House floor session, Arizona State Rep. Nancy Gutierrez, D-Tucson, criticized the proposal and organizations backing such programs.
“The program is designed to inject religious instruction into the public school day with the goal of ‘providing Bible education for every child in Arizona,’” Gutierrez said, gesturing with air quotes. “People do not choose public and charter schools for Bible education.”
A Democrat Lawmaker In Arizona Says A New Bill Allows Religious Influence In The Classroom
Gutierrez also said the bill would take away from valuable instructional time.
“This is a ridiculous ask of public schools to allow students out of their control, off of their campus for this and sacrifice school time for it,” Gutierrez said.
The Center Square reached out to Gutierrez for further comment, but did not receive a response.
Arizona State Rep. Matt Gress, R-Phoenix, who supports the bill, said it doesn’t force students to participate.
Gress, chair of the House’s education committee, said the measure wouldn’t force any student to participate. “This is completely voluntary and also requires the parents to sign off on it.”
The bill would also require organizations providing religious instruction to assume legal responsibility for students while off campus.
“It is view-point neutral, empowers parental choice, includes rigorous safeguards, and upholds Arizona’s commitment to both academic focus and family autonomy,” Petersen said.
Gress pointed to a 1952 U.S. Supreme Court ruling that upheld students may leave school during the day if such programs are conducted off campus.
“It’s called the First Amendment, folks,” Gress said. “The Free Exercise provision of the First Amendment trumps whatever instructional time model we have.”
SB 1741 passed the Arizona Senate in February with only Republican support and has received preliminary approval in the House. The bill still needs a final House vote before heading to Democratic Gov. Katie Hobbs’ desk.
Esther is an education reporter for The Center Square. Please email her here for tips or questions.
If we are allowing our “public” schools to deem what is right and appropriate for our children we have handed them permission to direct their lives. “Our” children are not property of the State! Parents are the ones who are responsible for guiding and training children as they mature into adulthood. A school must adhere to the standards of the community not to the Standards of the Board of Education or the NEA. State law should reflect the flexibility of the Constitution and not become a rigid dictarorial entity prohibiting religious oppurtunities. Parental choice is under attack because of the power it gives educators to say no to outside influence. Parents should be writing their representatives about this matter. Voice your opinions and feelings or the public school system will be making parental decisions for you.
I remember back in the late fifties when I was in 4th & 5th grade A nice couple was having Bible studies right across the street from the school in their home. I was invited to attend, they served us cookies and kool aid. I enjoyed these studies as did some of my friends. Next thing I know my teacher asked if I was attending these Bible studies and I said yes. They cautioned me that these people were dangerous and I should not go there. I said my mother said I could. I also mentioned I also went to Vacation Bible school each summer.
Well the next thing I know I went after school and was told I could not attend due to the couple being threatened by the school. So the gate was locked and we were told to stay away. I was so angry but what could I do? Nothing. We saw the couple once in awhile but we could not have Bible studies any more. I knew it was the school which had done this.
I didn’t understand back then that the terms Democrats, liberals, leftist and evil. I mean my parents were both Democrats so how could they be evil? I attended VBS and was baptized, Southern Baptist, they were not evil, was it the school? What do kids know?
I remember back in the late fifties when I was in 4th & 5th grade A nice couple was having Bible studies right across the street from the school in their home. I was invited to attend, they served us cookies and kool aid. I enjoyed these studies as did some of my friends. Next thing I know my teacher asked if I was attending these Bible studies and I said yes. They cautioned me that these people were dangerous and I should not go there. I said my mother said I could. I also mentioned I also went to Vacation Bible school each summer.
Well the next thing I know I went after school and was told I could not attend due to the couple being threatened by the school. So the gate was locked and we were told to stay away. I was so angry but what could I do? Nothing. We saw the couple once in awhile but we could not have Bible studies any more. I knew it was the school which had done this.
I didn’t understand back then that the terms Democrats, liberals, leftist and evil. I mean my parents were both Democrats so how could they be evil? I attended VBS and was baptized, Southern Baptist, they were not evil, was it the school? What do kids know?
Allowing students to leave the campus, with their parent’s permission, for religious instruction is NOT “a law respecting an establishment of religion”. The proposed law does not violate the 1st Amendment. But the current policy does “prohibit the free exercise thereof”, thus violating the 1st Amendment. That being said, I don’t think it is a good law. If is enacted and signed by our Governor (a very big if), I think it creates more confusion than needed. Change the proposed law to just allow parents to remove their children from school for limited times without having to specify a reason. As long as the child’s education is progressing, the state has no need or mandate to intervene.
I remember back in the late fifties when I was in 4th & 5th grade A nice couple was having Bible studies right across the street from the school in their home. I was invited to attend, they served us cookies and kool aid. I enjoyed these studies as did some of my friends. Next thing I know my teacher asked if I was attending these Bible studies and I said yes. They cautioned me that these people were dangerous and I should not go there. I said my mother said I could. I also mentioned I also went to Vacation Bible school each summer.
Well the next thing I know I went after school and was told I could not attend due to the couple being threatened by the school. So the gate was locked and we were told to stay away. I was so angry but what could I do? Nothing. We saw the couple once in awhile but we could not have Bible studies any more. I knew it was the school which had done this.
I didn’t understand back then that the terms Democrats, liberals, leftist and evil. I mean my parents were both Democrats so how could they be evil? I attended VBS and was baptized, Southern Baptist, they were not evil, was it the school? What do kids know?
These fiends want to sink their claws into your children and will not let go easily. The Democrats’ argument is pure mendacity.
As a person with no theological affiliation, I approve of this measure. These are not the school’s children, these are their parent’s children. So long as the religious instruction is held off campus – or all requested legitimate religious instruction (sorry, Jedi) can be accommodated on campus – and it’s not publicly funded, school administrators & politicians should have no say in the matter, period.