Arizona Senate Bill 1741 Would Require Public Schools to Allow Off-Campus Religious Instruction

Arizona lawmakers are debating a bill that would mandate public schools permit students to leave campus for religious instruction, sparking a heated constitutional battle over parental rights and the separation of church and state.

Senate Bill 1741, sponsored by State Senate President Warren Petersen, R-Gilbert, would require governing boards for public school districts and charter schools to allow students to attend religious courses for one to five hours per week with parental permission. The instruction must take place off school grounds and cannot receive public funding.

Standardizing Inconsistent Policies

Petersen said the legislation would address what he describes as inconsistent school district policies that 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 permit students, with parental consent, to leave campus for voluntary religious courses. The program operates entirely off school property with no public funds, Petersen said, and 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."

Opposition From Democrats

Opponents argue the bill could blur the separation of church and state and reduce instructional time.

During an Arizona House floor session, 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."

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.

Constitutional Arguments on Both Sides

State Rep. Matt Gress, R-Phoenix, chair of the House's education committee, supports the bill and said it doesn't force students to participate.

"This is completely voluntary and also requires the parents to sign off on it," Gress 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."

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.

Who's Behind the Bill

KJZZ reported the bill is backed by LifeWise Academy, a nonprofit that provides Christian curriculum for off-campus courses and has pushed for similar legislation in other states.

Rep. Gutierrez accused the group of spreading anti-LGBTQ ideology.

"If parents want religious education, go to a private school," Gutierrez said. "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."

Chloe Love, a legal intern with Secular AZ, which advocates for the separation of church and state, argued the bill violates the constitutional prohibition on laws respecting the establishment of religion.

"Public schools serve students of all faiths and beliefs," Love said.

Legislative Path Forward

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.