Will chaplains in Indiana schools be a help to students or a violation of the Constitution?

In 1962, the U.S. Supreme Court ruled that prayer in public schools was a violation of the Constitution’s establishment clause, which prevents the government from establishing a state religion. In 2022, the court ruled that a public school football coach is allowed to pray with his team after a game as long as he is not forcing players to pray with him. 

In the midst of these seemingly contradictory rulings, the Louisiana legislature passed a law in June of last year that required all public school classrooms to display the Ten Commandments. The law was blocked in November by a federal judge who said it was unconstitutional. 

Now, Sen. Stacey Donato, R-Logansport, is attempting to pass Senate Bill 523, a bill that would give Indiana public and charter schools the choice to employ a chaplain who would provide secular and nonsecular advice to students.  

On Wednesday, the Senate Education and Career Development Committee heard the bill’s initial reading.

Chris Daley, the Indiana executive director of the American Civil Liberties Union, said Hoosier school children need more support—but not necessarily this kind.

Two years ago, the Texas legislature passed a law allowing school-employed chaplains in public schools, but Daley said very few Texas school districts have hired chaplains despite the new law.

“Out of the 12,000 school districts in Texas, three or four of them actually chose to do that because of the fear of encroaching on separation of church and state,” Daley said as he testified before the committee.

Donato said the bill would supply schools with additional counseling resources and support students and staff regardless of their faiths. 

A 2023 report by the American School Counselor Association said Indiana has a ratio of 519 students to 1 counselor. The organization recommends half of that.

In light of that shortage, Sen. Fady Qaddoura, D-Indianapolis, asked Donato why she isn’t focusing on bringing more counselors to Indiana schools. 

“I am additionally adding a tool to the toolkit,” Donato answered. “I am not trying to jeopardize the school counselor. They have a very valuable position. This is just another adult with a different skillset to potentially help a student be successful.” 

Qaddoura said he was apprehensive about chaplains working with kids who might be easily influenced religiously.

“I’m just concerned about how you would regulate people with different value systems, different understandings, trying to coerce their own values onto someone who does not subscribe to them,” he said. 

Donato said the bill has a “may” provision, which gives schools the choice to employ a chaplain of any faith background or not have a chaplain at all.

Sen. Andrea Hunley, D-Indianapolis, opposed the bill because she said she doesn’t think chaplains should be employed by the government. 

“It’s the fact that districts would have the ability to use taxpayer dollars for these roles,” she said.

Maliha Zafar, executive director of the Indiana Muslim Advocacy Network, said allowing chaplains in schools might make Muslim students feel more isolated as a religious minority.  

“School counselors play a critical role in supporting students through a range of challenges not based on religious beliefs,” Zafar said. “Chaplains, on the other hand, offer counseling through a specific spiritual and religious lens. … Introducing chaplains from a specific faith tradition, … whether paid or volunteer, blurs the line between church and state, threatening the religious freedoms we all hold dear.”

Qaddoura and Sen. Sheli Yoder, D-Bloomington, both questioned if school chaplains could give nonsecular advice, but Donato said any action an adult takes to help a child is considered nonsecular advice.

“I would envision any adult in the school building that would be helpful to maybe tie a shoe or open a ketchup package … Anything that you would do for a child that you saw anywhere, I think that would be nonsecular advice,” Donato said. 

Qaddoura said he thinks advice is related to mental health and situations a student may need insight on, not any action an adult can do to help a student.

Donato said the bill would require a school chaplain to have a B.A. with four years of counseling experience, a B.A. with two years of counseling experience while pursuing a master’s degree, or a master’s degree with two years of counseling experience. She added that they would also have to undergo a criminal background check like any school employee or volunteer.

Jan Desmarais-Mors, the executive director of the Indiana School Counselor Association, said she was worried that, in the bill’s current form, chaplains would not have sufficient training, especially for traumatic events, abuse and self-harm.

“As defined under Senate Bill 523, chaplains would not possess the academic and professional credentials of a school counselor,” Desmarais-Mors said. “Even with the best intentions, they may provide inappropriate responses or interventions to students that could jeopardize a student’s development and wellbeing.”

Scott Carr, who also testified on behalf of the Indiana School Counselor Association, added that chaplains would need suicide prevention training, CPR certification and licensed mental health counseling training like a school counselor would. 

At the end of the meeting, committee Chair Sen. Jeff Raatz, R-Richmond, shared that he is a chaplain and supports the bill. 

“That’s the simplicity of this concept, it’s about an adult who cares about young people. … I make no reference whatsoever to biblical things unless they come and pull it out of me,” Raatz said. “I’m there to support them emotionally, … just be emotional support to them.”