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Senate rejects bill to authorize school chaplains after debate on religious role and safeguards
Summary
Senate Bill 164, which would have expressly authorized public schools to employ or accept volunteer chaplains subject to criminal- and child-maltreatment checks, failed on the floor after extensive questioning about church-state separation, equal-protection issues and immunity language.
Senate Bill 164, which would have allowed public schools and open-enrollment charter schools to employ or accept volunteer chaplains, failed on the Senate floor. Sponsor Senator Dodson framed the bill as a safety-and-vetting measure to ensure any chaplain serving in schools meets background-check requirements.
Dodson told colleagues the bill “allows for school chaplains” and requires those chaplains to pass criminal-record and child-maltreatment registry checks; it also defines credentialing standards and said local districts would determine selection criteria. Dodson said he used the Department of Defense’s chaplain standards as a drafting reference.
Opponents raised constitutional and practical concerns. Senator Tucker asked whether the bill risked an Establishment Clause challenge; Dodson said he was not concerned and pointed to the ubiquity of chaplains in the military and other institutions. Senator Davis and other members asked whether chaplains already serve in schools (Dodson said he believed some do but could not confirm statewide) and whether the statute would change current practice or simply provide explicit authority. Senator Peyton asked about a high bar for immunity in the bill, noting language that denies immunity only if conduct was “willfully, maliciously, and deliberately” intended to harm — a phrasing Peyton said raised concerns about accountability.
Several senators urged caution about imposing requirements on private schools that participate in school-choice programs. Senator Hickey said he supported the policy in principle but opposed the bill’s structure because private schools that accept state scholarship funds should be subject to similar requirements. Supporters including Senator Johnson and Senator Clark argued the measure codified long-standing practices and would protect students; Clark noted the bill does not exclude clergy of any particular faith.
After debate the roll call returned 13 yeas, 11 nays, 4 not voting and 6 present; the bill failed. Senator Dodson immediately moved to expunge the record of the failure vote; the Senate adopted the expungement motion by voice vote.
