‘Model policy’ for Florida public school chaplains is model of unconstitutionality

When Florida Gov. Ron DeSantis (R) signed the Florida public school chaplains law in Osceola County a few months ago, it seemed likely that the local school board would soon allow chaplains in its public schools. But last week, after board members raised concerns, the Osceola County School Board decided not to rubber-stamp the bad idea.

The Osceola school board’s decision must not have gone over well with higher-ups in the state, because yesterday the Florida Department of Education Commissioner Manny Diaz Jr. put out a model policy to foist on school boards across the state. The model policy is misguided and unconstitutional – and demonstrates why other Florida school boards should follow Osceola’s lead and reject the idea. 

Florida public school chaplains policy would harm students and families

Not surprisingly, the model policy would harm students and families:

• The model policy doesn’t include any constitutional safeguards for students’ religious freedom. It doesn’t prohibit chaplains from proselytizing students, attempting to convert them, praying in front of them, or imposing religion on them in any other way. Instead, the policy envisions that chaplains will provide “spiritual guidance” to students – essentially turning public schools into Sunday schools. 
• The model policy would allow chaplains – who aren’t required to have adequate training – to provide critical services like mental health counseling to students. Students need counselors, not chaplains, and this policy puts students at risk.
• The model policy doesn’t require chaplains to be willing to serve any student, including students who are different religions, nonreligious, or LGBTQIA+, and to provide unbiased services. Vulnerable students could face rejection and condemnation at the hands of school-approved chaplains.

Public school chaplains policy would burden school principals

But the model policy would also put an impossible burden on school principals.

The model policy defines what the Florida Board of Education views as a “real” religion. The model policy would exclude some minority faiths or Humanists for example – even some Christian traditions like Baptists, Quakers and non-denominational congregations could be left out. And it requires school principals to determine if someone who applies to be a school chaplain is a member of a state-sanctioned faith. Principals must decide if the chaplain’s religion is led by a “hierarchy,” “worships a supernatural entity” and “imposes moral duties.” 

Telling principals they need to wade into theology to parse a faith tradition’s beliefs about the nature and existence of God, moral codes and governance structure is not just unfair and unwise – it’s unconstitutional. If that weren’t enough, principals also need to figure out if a chaplain is “authorized” to “conduct religious exercises,” holds an “official membership” in a local house of worship and if worship services are held often enough for the Florida Department of Education’s liking.

Principals should be able to focus on creating a learning and teaching environment that allows the students to thrive, not be set up to violate the Constitution and put their communities at risk of expensive litigation. 

Florida schools board should refuse to adopt any chaplain policy

Florida’s school boards should refuse to adopt this, or any, chaplain policy. The constitutional promise of church-state separation and religious freedom means students and their parents – not public school officials – get to decide whether and how to engage with religion. Florida students and families practice a wide variety of religions and faiths, and many are nonreligious. All of them should feel welcome in their public school. But a policy that favors some religions over others violates the Constitution and will sow division in schools and communities.

When we fought this bill in the legislature, we predicted this would raise a host of problems. That’s why Americans United for Separation of Church and State joined more than 200 chaplains, 38 faith groups and 34 civil rights organizations to speak out against state legislation permitting chaplains in public schools. But the model policy is so much worse than we had imagined.