HF 870 mandates public schools excuse students for off-campus religious instruction, aligning with 1952 Supreme Court ruling
Iowa Governor Kim Reynolds signed House File 870 into law on June 7, 2025, obligating public school districts to honor parental requests for students to be excused during the school day to attend religious instruction off school grounds. The law, which takes effect on July 1, 2025, echoes legal principles established in the U.S. Supreme Court’s 1952 ruling in Zorach v. Clauson.
Under HF 870, students in grades 1 through 12 may participate in privately funded, off-campus religious instruction if a parent or guardian submits a written request. Schools may not award academic credit or provide funding, and they must establish procedures to verify attendance and ensure students remain on track academically.
The legal foundation for HF 870 lies in Zorach v. Clauson, 343 U.S. 306 (1952), where the Supreme Court upheld a New York City policy allowing students to be released during the school day for religious instruction off-site. The Court ruled that the arrangement did not violate the Establishment Clause of the First Amendment, distinguishing it from its earlier decision in McCollum v. Board of Education, 333 U.S. 203 (1948), which struck down religious classes held on public school property.
The Court concluded in Zorach that accommodating religious exercise in this way did not equate to government endorsement of religion. Although the decision was controversial, it remains a controlling precedent and has since been cited to support released time laws in multiple states.
Programs such as LifeWise Academy operate under this model. LifeWise, a nonprofit, partners with local communities to offer Bible-based instruction to public school students during the school day. Its classes are held off-campus, funded by private donations, and scheduled in coordination with school districts. While HF 870 does not name any specific organization, LifeWise’s operational structure fits the framework now codified in Iowa law.
HF 870 passed the Iowa House by a 96-2 vote and the Senate by 47-0 with 3 abstentions. Supporters framed the bill as a measure that supports religious liberty and parental rights. Opponents raised concerns about disruption to the school day, staff workloads, and equity of access for students who may not have local religious programs available.
The law requires that districts adopt policies during the 2024–25 school year in preparation for full implementation by July 1, 2025. As of June 10, no lawsuits have been filed, but civil liberties groups have voiced criticism of similar programs in other states and may monitor developments in Iowa.
HF 870
https://legiscan.com/IA/rollcall/HF870/id/1530944
Analysis:
This new Iowa law doesn’t create new constitutional doctrine—it implements a framework the U.S. Supreme Court approved more than 70 years ago in Zorach v. Clauson (1952). That decision upheld the legality of letting public school students leave during the school day for religious instruction, so long as it’s done off-campus, with no public funds, and at the request of a parent or guardian. House File 870 follows those rules exactly.
For many parents, especially those in rural areas or those who can’t afford private religious schools, this law offers a meaningful option. It creates space for religious instruction without requiring families to withdraw from public education. It also opens the door for churches or community faith groups to create legally compliant programs that operate during the school day but remain entirely outside the public school system.
Organizations like LifeWise Academy have already developed models that fit within this legal framework. They don’t use school funding, don’t meet on school property, and don’t require school involvement beyond tracking attendance. Their approach shows how local churches or religious nonprofits can organize similar programs if they’re willing to cover the costs and manage logistics.
Could there still be legal challenges? Possibly. Critics may argue that these programs create disparities for students whose families don’t participate, or that they place administrative burdens on public schools. But courts have upheld the basic concept: if the instruction is off-site, privately funded, and voluntary, it doesn’t violate the Constitution. For many families, it’s simply a tool to add a faith component to their children’s education when private options aren’t available.