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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1049

Regular Session

Relating to excused absences from public school for the purpose of attending a released time course.

Government Affairs & Regulatory Compliance Analysis

SB1049: Government Affairs Overview

Texas public school districts and open-enrollment charter schools must immediately accommodate parental requests to excuse students for religious instruction ("released time") offered by private entities. This legislation shifts liability for these students to the private entity but imposes strict administrative burdens on schools regarding attendance tracking and master scheduling without additional funding.

Phil King·Senate Bill·Regular Session

Critical
Low Cost
Effective:2025-09-01
Enforcing Agencies

Local School Boards • Open-Enrollment Charter School Boards • Texas Education Agency (TEA)

Business Impact

Who SB1049 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

🎓

Education

Affected business types:

  • School districts
  • Charter schools
  • Private schools
  • Education service providers
View all education legislation

Key Operational Considerations

  • 1Vendor Agreements: Prohibited. Do not sign service contracts or exchange funds with religious entities for these courses.
  • 2Data Sharing Agreements (MOUs): Execute MOUs with private entities to standardize the format and frequency of attendance reporting.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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SB1049
Critical
Relating to excused absences from public school for the purpose of attending a released time course.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Local School BoardsOpen-Enrollment Charter School B...TEA
Primary Author: Phil King
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Schools must process requests immediately upon the effective date, regardless of policy status).
  • Agency Rulemaking: Local School Boards and Charter Boards must adopt a formal policy governing these absences by January 1, 2026.
  • *Regulatory Gray Zone:* Between Sept 1, 2025, and Jan 1, 2026, schools are statutorily required to grant requests even if the local Board has not yet finalized the governing policy. Operate under temporary administrative regulations during this gap to mitigate liability.

Immediate Action Plan

  • Immediately: Draft the "Released Time" Board Policy and place it on the agenda for adoption prior to the start of the 2025-2026 school year.
  • By August 2025: Configure Student Information Systems (SIS) with new non-funded/excused attendance codes.
  • By August 2025: Finalize and distribute the Parental Consent/Liability Waiver form.
  • Ongoing: Identify local religious entities likely to offer courses and proactively establish data-reporting protocols before the first student request arrives.

Operational Changes Required

Contracts

  • Vendor Agreements: Prohibited. Do not sign service contracts or exchange funds with religious entities for these courses.
  • Data Sharing Agreements (MOUs): Execute MOUs with private entities to standardize the format and frequency of attendance reporting.
  • Facility Use Agreements: If the private entity requests to use school property, require a standard Facility Use Agreement with indemnification clauses; this must be treated separately from the released time academic arrangement.

Hiring/Training

  • Registrars & Attendance Clerks: Train staff on new attendance codes specific to "Section 25.0875 Released Time" to ensure these are logged as excused absences but distinguished from ADA-funding eligible presence.
  • Instructional Staff: Train teachers that while they cannot penalize students for these absences, they are not required to reteach missed lessons; the burden of missed work lies statutorily with the student.

Reporting & Record-Keeping

  • Parental Consent Forms: Create a mandatory intake form that explicitly cites Section 25.0875(c)(1)(D), acknowledging the school is not liable for the student during the released time.
  • Attendance Verification: Establish a workflow to receive and audit attendance logs from private entities weekly. If a student is marked absent by the private entity, the school must revoke the excused status for that period.

Fees & Costs

  • Transportation: Strictly Prohibited. Schools cannot fund or provide transportation. This cost falls entirely on the parent or private entity.
  • Administrative Costs: Costs must remain "de minimis." Automate attendance data entry where possible to avoid violating the prohibition on using public funds for these courses.

Strategic Ambiguities & Considerations

  • Definition of "Private Entity": The statute does not establish a vetting process for what constitutes a legitimate "released time course." Boards should define objective criteria in their policy to prevent abuse (e.g., requiring the entity to be a registered 501(c)(3) or established organization) to avoid parents claiming casual supervision counts as a "course."
  • Master Schedule Conflicts: The law is silent on whether a school can deny a request if the released time conflicts with a "singleton" core course (a required class offered only once per day). Schools should draft policies stating that released time cannot prevent a student from meeting graduation requirements.

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JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 3, 2025
Passed Senate
Apr 30, 2025
Passed House
May 28, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsEducationEducation--primary & SecondaryEducation--primary & Secondary--admission & AttendanceEducation--primary & Secondary--charter SchoolsEducation--school DistrictsReligion
03

House Sponsors

Rep. Phil KingRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Phil King

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Related by Topic

View more Education legislation
Quick Reference

Frequently Asked Questions

Common questions about SB1049

Q

What does Texas SB1049 do?

Texas public school districts and open-enrollment charter schools must immediately accommodate parental requests to excuse students for religious instruction ("released time") offered by private entities. This legislation shifts liability for these students to the private entity but imposes strict administrative burdens on schools regarding attendance tracking and master scheduling without additional funding.

Q

Who authored SB1049?

SB1049 was authored by Texas Senator Phil King during the Regular Session.

Q

When was SB1049 signed into law?

SB1049 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB1049?

SB1049 is enforced by Local School Boards, Open-Enrollment Charter School Boards and Texas Education Agency (TEA).

Q

How significant are the changes in SB1049?

The regulatory priority for SB1049 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1049?

The cost impact of SB1049 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1049 address?

SB1049 addresses topics including education, education--primary & secondary, education--primary & secondary--admission & attendance, education--primary & secondary--charter schools and education--school districts.

Q

What are the key dates for SB1049?

Key dates for SB1049: Effective date is 2025-09-01. Rulemaking: Adopt a formal policy for excusing students for released time courses that mandates written consent, liability assumption by private entities, and attendance tracking. (2026-01-01). Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026