Summary — HB 939: School Chaplains
Status: Passed 1st Reading (introduced 2025). Effective when enacted; applies beginning with the 2025–2026 school year.
Purpose
- Authorizes public school units to employ, contract with, or accept volunteer chaplains to provide pastoral/spiritual and related support services to students and school communities, subject to local adoption of a school chaplain policy.
Key provisions
- Authorization and local control
- The governing body of a public school unit (local board) may hire, contract for, or accept as a volunteer a qualified school chaplain.
- A school unit is not required to hire a chaplain; hiring is discretionary and not an endorsement of any particular religion.
Required local policy
- Before a chaplain may serve, the governing body must adopt a school chaplain policy that includes at least:
- Certification/training requirement through one of: National School Chaplain Association, Federation of Fire Chaplains, or Association of Law Enforcement Chaplains.
- A detailed description of the chaplain’s support, services, and programs.
- Continuing education requirements.
- Procedures for discipline and termination of a chaplain.
Background checks and oversight
- Prior to service, the school unit must conduct a criminal history check of the chaplain in accordance with G.S. 115C‑332.
- A copy of the criminal history check must be sent to the State Superintendent of Public Instruction.
- If the Superintendent determines the chaplain has been convicted of an offense listed in G.S. 115C‑332(a)(1), the Superintendent shall order the school unit to revoke an employment offer or reject the volunteer.
Liability protection
- Chaplains are immune from civil damages for acts or omissions in the performance of chaplain duties unless the act amounts to gross negligence, wanton conduct, or intentional wrongdoing.
Who is affected
- Local school boards / governing bodies (must adopt policy before appointing chaplains).
- Public school units, students, families and school staff (may receive chaplain services).
- Chaplains (subject to certification, background checks, continuing education, potential immunity).
- State Superintendent (receives criminal history checks and has authority to bar placements for disqualifying convictions).
Potential fiscal and policy impacts
- Fiscal: No statewide appropriation mandated; costs (salaries, contracts, volunteer support, training, background checks, supervision) would generally be borne by local school units if they opt to hire chaplains.
- Policy/legal considerations: The law attempts to limit Establishment Clause exposure by making hiring discretionary and stating that employment is not a school endorsement of religion; local policy design and chaplain activities will affect compliance with federal/state constitutional protections and local religious-accommodation rules.
Statutory placement
- Adds Part 7 (School Personnel) to Article 7B of Chapter 115C, codified as G.S. 115C‑77.80 (North Carolina).