House panel introduces bill to let school districts offer volunteer chaplains, removes deadline language

Representative Dale Hawkins (State Representative, Legislative District 2) introduced RS 32-325 on March 13, asking the House Committee on Education to allow school districts to adopt a volunteer school chaplain program and to add school chaplains to existing statutory language requiring background checks.

The proposal would amend Idaho Code provisions Hawkins said are currently at "33-130" and add a new subsection—identified in the bill text as "33‑121 2(b)"—to describe chaplain duties. Hawkins told the committee the program would be voluntary, unpaid, and would not require state funding: "Fire departments have chaplains, police stations have chaplains. These are all unpaid volunteer positions. And, I just leave this at the committee today." He said background checks already required in current statute would apply to volunteers who come onto school grounds.

Committee members pressed the sponsor on a three-line provision in Section 3 (lines 22–24) that would have required districts to file a decision by a certain date. Representative Mathias asked, "What is the purpose of forcing districts to make a decision by a certain date?" Hawkins replied the filing date was intended as public notice for districts that choose to adopt the program and reiterated he considered the program voluntary.

Several members pressed to remove the deadline language. Representative Church and others said that a fixed date could convert a voluntary program into a mandatory, one-time choice and could limit districts' future flexibility. Representative Harris offered a substitute motion to introduce the RS without lines 22–24; Representative Church supported removing the three lines on the same grounds. Representative Nelson said she opposed the concept on separation-of-church-and-state grounds and recorded a nay during the final voice vote.

After discussion, the committee voted to introduce RS 32-325 with lines 22–24 on page 2 deleted. The motion carried; the committee recorded Representative Nelson opposing the introduction. The committee did not take a final vote on a bill text beyond introduction and the exclusions made to the filing-date language.

The change means the RS advances for further consideration without the deadline language that had prompted concerns about voluntariness and local control.

The committee did not provide a fiscal note during the introduction. Hawkins and supporters said the program would not cost the state and would rely on volunteers and local rules set by districts for scope and access.

Members and witnesses: the committee’s discussion showed a mix of support for chaplain access for staff and some students and constitutional concern from at least one member about an apparent establishment-of-religion risk. Committee members said the omitted deadline would preserve local discretion and voluntariness as the RS moves forward.