MIAMI-DADE COUNTY — Florida Attorney General James Uthmeier issued a legal opinion on June 17, 2026, requiring school districts to accommodate parent requests for off-site religious instruction under state law. Uthmeier drafted the legal opinion in response to a query from Senator Clay Yarborough about Florida statutes concerning school accommodations for religious instruction.

Uthmeier stated that some Florida school boards had issued denials or imposed restrictions on religious instruction release time programs. He concluded that these practices by school boards violate Florida law. "Florida law, consistent with the Supreme Court’s decisions in Zorach and Mahmoud, prohibits public schools from restricting parents’ efforts to direct the religious upbringing of their children, including participation in release time for religious instruction." Uthmeier said.

Uthmeier’s opinion along with a recent Florida Board of Education policy update are intended to provide implementation guidance to school districts. Regarding the policy’s purpose, Uthmeier also stated, "The rule ensures that the younger generations are becoming properly shaped in terms of civic, moral, and religious character, elements that are essential to the maintenance and longevity of our republican system of government."

The Florida State Board of Education updated its policies on May 14 to require school districts to permit parent requests for student absences for religious instruction or religious holidays. This meeting regarding the board policy update took place in Miami-Dade County. The rule changes became effective on June 17, 2026.

The updated rules classify these absences as excused and require teachers to provide students with opportunities to make up missed assignments. The amendment also mandates that school principals coordinate with parents to prevent religious instruction absences from overlapping with core-curricula classes. Board of Education members expressed support for the changes during the meeting.

Amy Perwien, a parent from Collier County and member of the Interfaith Alliance of Southwest Florida, questioned the potential impact on student learning and mental health. Perwien asked, "How disruptive will leaving and returning to school be for classroom learning? What additional scheduling problems will be created by this rule?" In contrast, Kathleen Murray, state education director of Citizens Defending Freedom, stated that the new rules allow parents to prioritize faith in their children’s education without academic penalties. "A child can retake a test, but that child cannot get back a missed opportunity for worship or spiritual growth." Murray said.

Florida previously had non-mandatory policies allowing student excusals for religious holidays and religious instruction. In February, the U.S. Department of Education issued guidance affirming that public school students and employees may act and speak according to their religious beliefs as long as they do not infringe on the rights of others. In March, board officials established a complaint process for parents and individuals to report violations of rights to prayer and religious expression in schools.