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.”
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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.
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