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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
public schools; volunteer chaplains; authorization
Purpose
Authorizes a school district governing board (governing board) or charter school governing body (governing body) to allow volunteer school chaplains to provide support, services and programs to students and outlines policy requirements each governing board and governing body must adopt regarding volunteer school chaplains. Subjects a volunteer school chaplain to the fingerprinting, affidavit form and background investigation requirements for school employment.
Background
A public educational institution may not discriminate against students or parents based on a religious viewpoint or expression. In a public educational institution, students may pray or engage in religious activities or expression before, during and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression (A.R.S. § 15-110).
Statute outlines conditions for employment for school personnel, including personnel who are not paid employees of the school district or the parent or the guardian of a pupil who attends the school but who are required or allowed to provide services directly to pupils without being supervised by a certificated employee (school personnel who are not paid employees). School personnel who are not paid employees must be fingerprinted for state and federal criminal records checks and certify on school-provided and notarized forms whether they are awaiting trial, have ever been convicted of or admitted to committing specified criminal offenses in Arizona or another jurisdiction. Before a person is employed with a school district, the school district must conduct a background check by making documented, good-faith efforts to contact a person's previous employers and obtain information or recommendations that may be relevant to the person's fitness for employment (A.R.S. § 15-512).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes a governing board or governing body to allow volunteer school chaplains to provide support, services or programs, or any combination of support, services and programs, to students.
2. Requires each governing board and governing body that allows volunteer school chaplains to adopt a policy that includes:
a) a description of the support, services or programs that the volunteer school chaplain may provide to students;
b) procedures for the school district or charter school to develop and maintain a list of volunteer school chaplains who may provide support, services or programs to students enrolled in the school district or charter school; and
c) requirements that each individual school at which a volunteer school chaplain provides support, services or programs to must:
i. notify all parents and guardians of students that the support, services or programs are available;
ii. obtain written consent from a student's parent or guardian before the student may receive support or services from a volunteer school chaplain or participate in a program provided by a volunteer school chaplain; and
iii. provide each student's parent or guardian an opportunity to select a volunteer school chaplain from the list of volunteer school chaplains when the parent or guardian provides written consent.
3. Specifies that the list developed by the school district or charter school must:
a) include the religious affiliation, if any, of the volunteer school chaplain; and
b) be posted on the school's website.
4. Subjects a volunteer school chaplain who provides support, services or programs to a school district or charter school to the fingerprint, affidavit form and background investigation requirements for school personnel who are not paid employees.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
MH/KK/ci