 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
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. Requires a school principal to ensure that each volunteer school chaplain meets outlined requirements, including 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 each school that is operated by a 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. Requires the principal at each school, before a volunteer school chaplain may be included in the list, to ensure that each volunteer school chaplain:
a) satisfies the fingerprint, affidavit form and background investigation requirements for school personnel who are not paid employees;
b) demonstrates that the volunteer school chaplain is an official member in a local religious group;
c) holds a bachelor's degree;
d) either holds a graduate degree in counseling or theology, or has at least seven years of experience serving as a chaplain;
e) has at least two years of experience serving as a chaplain in a local religious group;
f) signs a statement attesting that the volunteer school chaplain will not teach or encourage students to engage in conduct that is contrary to the academic standards adopted by the State Board of Education; and
g) demonstrates a sincere desire to meet the objectives, if any, in the school's volunteer school chaplain policy and to enhance student welfare.
5. Allows a school principal to refuse to include any volunteer school chaplain on the list if the principal determines that:
a) the volunteer school chaplain fails to meet the outlined requirements to qualify; or
b) allowing the volunteer school chaplain to provide support, services or programs to students will be contrary to the pedagogical interests of the school.
6. Defines chaplain as an individual who is officially authorized by the leadership of a religious group, pursuant to the religious group's governing principles, to conduct religious exercises.
7. Defines religious group as an organized group that:
a) is led, supervised or counseled by a hierarchy of teachers, clergy, sages or priests;
b) acknowledges the existence of and worships one or more supernatural entities that possess power over the natural world;
c) regularly engages in a ceremony, ritual or protocol; and
d) imposes moral duties that are independent or any individual's self-interest.
8. Defines local religious group as a religious group that meets at least one time per month at a location within the boundaries of the school district in which the school is located.
9. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
1. Directs each school operated by a school district or charter school, rather than the school district or charter school, to develop and maintain a list of approved volunteer school chaplains.
2. Requires a school principal to ensure that each volunteer school chaplain meets outlined requirements before the volunteer school chaplain may be included in the list.
3. Outlines circumstances in which a principal may refuse to include a volunteer school chaplain on the list.
4. Defines terms.
5. Makes technical and conforming changes.
Senate Action House Action
ED 2/5/25 DP 4-2-1 ED 3/11/25 DPA 7-5-0-0
3rd Read 2/20/25 17-12-1 3rd 4/14/25 31-25-4
Prepared by Senate Research
April 14, 2025
MH/KK/ci