HB 1456 — School Chaplains in Public School Districts (North Dakota) — Summary
Status (as provided): Introduced Nov 22, 2024; Education Committee adopted amendments Feb 11, 2025. Second reading — failed to pass (yeas 35, nays 46).
Purpose
- To add a new section to NDCC chapter 15.1-07 authorizing school districts to employ or accept as volunteers "certified chaplains" to provide support, services, and programs to students, staff, and legal guardians, and to establish related requirements, limits, and a biennial appropriation to fund the program.
Key provisions
- Definition: “Certified chaplain” — a chaplain certified by a national or state chaplaincy organization or ecclesiastically endorsed by a religious organization.
- Authorization: A school board may employ or accept as a volunteer a certified chaplain to provide support, services, and programs for students, staff, or legal guardians, subject to board authorization.
- Licensing exemption: A certified chaplain employed or volunteering under the section would not be required to hold a license from the Education Standards and Practices Board.
- Background checks: School boards must obtain a criminal history record check from the Bureau of Criminal Investigation for each person hired or volunteering under the section. The school board bears all background-check costs (citing NDCC § 12-60-24).
- Prohibition: Individuals required to register under NDCC § 12.1-32-15 (sex offender registration) may not be employed or accepted as volunteers under this section.
- Liability protection: No cause of action arises against a certified chaplain for actions or statements made while providing services unless the action or statement was maliciously, willfully, and deliberately intended to harm, harass, or intimidate a recipient.
- Appropriation (program funding): An appropriation of $500,000 from the general fund for the Department of Public Instruction for the 2025–2027 biennium to fund salaries, training, oversight/governance, and program evaluation of K–12 school chaplains. The superintendent may provide no more than $200,000 to any one school district.
Who would be affected
- Students, school staff, and legal guardians in districts that choose to employ or accept chaplains.
- School districts (board governance responsibility; costs for background checks).
- Certified chaplains (new pathway to work or volunteer in schools without state educator licensure).
- Department of Public Instruction (administration, oversight, and distribution of appropriation if enacted).
Potential impacts and considerations
- Introduces faith-affiliated personnel into public-school support roles; districts would need policies to define chaplains’ scope of duties and to ensure compliance with constitutional limits (e.g., Establishment Clause) and district nondiscrimination requirements.
- Financial: direct appropriation would partially offset district costs for salary/training; districts still bear background-check costs and any local program implementation costs beyond grants.
- Liability shield narrows civil exposure for chaplains except in cases of intentional malicious conduct.
- Operational: requires boards to adopt authorization processes and to incorporate background-check procedures for chaplains.
Procedural/timeline notes
- Drafted as a new NDCC section to chapter 15.1-07 and reported out of the Education Committee with adopted amendments (Feb 11, 2025).
- According to the provided status, it failed to advance on second reading (yeas 35, nays 46). If reintroduced or amended in future sessions, districts and stakeholders may seek clarifying policy language on duties, safeguards, funding distribution, and constitutional compliance.
