The Texas Legislature passed history-making legislation that will allow chaplains to be employed or volunteer at public schools “to provide support, services, and programs for students.”
The bill is the first of its kind in the nation, according to Rep. Steve Toth, a Republican and member of the conservative Texas Freedom Caucus.
“I’m thankful that Texas schools are free to allow the life-sustaining resource of faith to our children,” Toth told The Epoch Times in a text.
Conservatives have sought to put religion back into public school after it was banned 50 years ago through a series of rulings by the U.S. Supreme Court. But recently, the court has ruled in ways that open the door for religion in schools again, a legal expert told The Epoch Times.
While most liberals oppose religion in schools, saying it violates the separation of church and state, Julie Pickren, a Texas State Board of Education member, lauded the passage as a historic moment for Texas.
If signed into law by Texas Gov. Greg Abbott, as expected, the state would lead the country in addressing the spiritual needs of teachers and students, she said.
“This is the very first time in the history of America that school districts will be able to employ a school chaplain, just like our military and our prisons employ chaplains,” Pickren told The Epoch Times.
Because the House modified SB 763 and accepted amendments to change it during the legislative process, the measure likely will go before a committee before being sent to the governor.
Initially, the bill would have allowed Texas schools to hire chaplains, instead of school counselors.
SB 763 is one of several faith-based bills related to schools under consideration by the Republican-led Texas Legislature.
That case, decided in June 2022, changed how the establishment clause in the U.S. Constitution is viewed, Hullihan told The Epoch Times in an email.
That clause is part of the First Amendment and is what guarantees constitutional protection for freedom of religion in the United States.
Some have argued that religious practices in schools violate that part of the Constitution.
However, recent rulings of the Supreme Court show that historical practices and traditions involving religion are no longer considered an act of establishing a religion, Hullihan said.
Chaplains have a long history of being employed by other government entities, such as the military.
“If Texas school districts wish to utilize a chaplain to provide counseling for the children in their school district, they should be free to do so without fear of an Establishment Clause violation, reflecting the historical and traditional role chaplains have played throughout American history,” Hullihan wrote.
“The framers of the Constitution believed correctly that morality is essential to the well-being of society.”
Under the Texas chaplain bill, each public school district and open-enrollment charter school would vote on whether to hire or allow a volunteer chaplain at school.
While Chaplains wouldn’t be required to be certified, as counselors or teachers must be, they will have to meet specific standards.
Amendments to the bill define a chaplain as someone endorsed by an organization recognized by the U.S. Department of Defense, the Federal Bureau of Prisons, or the Texas Department of Criminal Justice.
Two other additions would require chaplains to undergo background checks and would ban convicted sex offenders from serving.
Opponents Fear ‘Indoctrination’
The measure is needed because school counselors are overwhelmed, and chaplains could help support the emotional needs of students and teachers, said Rep. Cole Hefner, a Republican who presented the bill in the state House.Chaplains won’t be there to proselytize, Hefner said.
The legislation faced stiff opposition during a second reading by several House Democrats who called the addition of chaplains in schools “indoctrination.”
Democrat Rep. Gina Hinojosa said she believes chaplains in schools would be unconstitutional and schools shouldn’t be “indoctrinating our kids on any kind of religion.”
She criticized a group speaking in favor of school chaplains, saying members want to “infiltrate” the system and support “Christians functioning and operating inside the school system.”
Democrats proposed several failed amendments, including banning schools from using public funds to hire chaplains, requiring parental consent before a student could see a chaplain, and doing away with the mandatory vote by school systems to approve or disapprove of having chaplains on campus.
During a public hearing in the state House in April, many others spoke in favor of the proposal.
Chaplains are “spiritual first responders” that are needed more than ever in schools where social media has caused added stress in the lives of children, parents, and teachers, Rev. Greg McBrayer told state lawmakers.
McBrayer, who serves as chief flight dispatcher, chaplain, and director of airport chaplaincy and the Dallas-Fort Worth Metroplex, said the chaplains would complement school counselors, which are in short supply in Texas.
“The need for spiritually grounded intervention has never been greater,” he said.
Demand for chaplains has increased and many qualified chaplains have a military background, McBrayer said. Some have an ecclesiastical endorsement, have been through seminary school, and hold a master’s degree.
Chaplains could reduce bullying, violence, and suicide in schools, said Teresa Benedetti, identified as a retired firefighter from San Antonio during the public hearing.
While adding chaplains in schools might hurt her business, motivational speaker Peggi Merkey testified that the most important thing is helping children.
“If you vote for chaplains in schools, Texas has the awesome opportunity to lead the country in changing the lives of students across the nation,” Merkey said. “Can you imagine the impact made with Texas at the helm?”
Most opponents at the hearing expressed concern about the education, qualifications, and background checks for prospective school chaplains.
Both measures champion religious freedom, Texas Lt. Gov. Dan Patrick said in a written statement.
“I believe that you cannot change the culture of the country until you change the culture of mankind,” he said.
“Bringing the 10 Commandments and prayer back to our public schools will enable our students to become better Texans.”
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