While there are some limitations on the right of students to hand their schoolmates religious literature, it is important to understand that school officials cannot discriminate against students solely because of the religious nature of their literature. Schools may impose the same reasonable time, place, and manner or other constitutional restrictions on distribution of religious literature as they do on nonschool literature generally, but they may not single out religious literature for special regulation . A These two issues are ultimately controlled by state law. If state law permits excusals, then school officials are permitted to allow students to be excused from an assignment that is objectionable to the student or the student's parents on religious or other conscientious grounds. Release time programs allow students to leave campus and go to another location for the sole purpose of receiving religious instruction.
Release time is subject to applicable state laws.
However, since the Religious Freedom Restoration Act was struck down by the U.S. Supreme Court in 1997, religious excusals and release time are not considered a federal right. 15 School officials must be careful neither to encourage nor discourage students to take advantage of these rights. Thus, school officials can neither reward nor punish students who do or do not exercise these rights. Because school officials are government employees there are potential problems if school officials do not remain neutral with respect to religion. It is important to note that some of the values that will be taught are religious, but that does not make teaching these values in school unlawful.