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House passes bill letting local education agencies permit volunteer school chaplains amid constitutional concerns
Summary
The Utah House passed HB 5 14 to allow local education agencies to adopt policies for volunteer school chaplains; supporters framed it as an opt-in support resource, while opponents warned of constitutional risks, potential replacement of counselors and unclear mandatory-reporting rules.
The Utah House on Feb. 23 passed HB 5 14, a bill that lets local education agencies (LEAs) create an opt‑in process to allow volunteer school chaplains in schools, after floor debate that split lawmakers over constitutional and child‑safety concerns.
Sponsor Representative Stratton said the bill creates a local, voluntary process for LEAs to adopt qualifications, election procedures and experience requirements for a volunteer chaplain program and that it is an additional resource, not a replacement for professional counselors. "If we take the creator out of our education system…this Chaplain School Chaplain Bill, it allows that process to commence and ongoing discussions," Stratton said during floor remarks.
Opponents raised legal and safety flags. Representative Stoddard said there is a constitutional note attached and warned that poorly drafted local policies could expose districts to lawsuits for using public resources for religious exercise. "We have a constitutional note on this bill…it could be a violation under the Utah constitution of using public money for religious exercise," he said. Other members questioned whether chaplains would be mandatory reporters and whether they would supplant trained school counselors.
Supporters including Representative Burton and Representative Albrecht described chaplains as trained, non‑denominational listeners who supplement — not supplant — school mental‑health staff. Burton said chaplains are "made to be completely nondenominational" and emphasized they are not trained as school guidance counselors.
Lawmakers debated practical details: who sets standards, which religions (if any) could participate, and whether chaplains would be required to report suspected abuse. Sponsor Stratton noted the bill leaves many implementation details to LEAs and the state board and that volunteers could become mandatory reporters under existing volunteer‑reporter definitions in state law.
The House closed debate under a previous‑question motion and approved HB 5 14 on a recorded vote of 56 yes and 13 no. The bill will be sent to the Senate for consideration.
Next steps: If the Senate considers the bill, it would return to the House if amended or go to the governor if passed by both chambers.
