Summary
This Texas Attorney General Opinion addresses whether school district boards and charter school governing bodies comply with Senate Bill 763 when voting on policies to employ or accept volunteer chaplains. Analyzing statutory language and traditional usage, the opinion concludes that the term "chaplain" refers to a substantive, official position rather than a general demographic category. Consequently, board votes authorizing hiring for "any position" fail to meet the statute's requirements, while votes specifically authorizing a "school chaplain position" comply.
Topics
Practice areas
Questions Presented
- Whether a vote by a school board or charter governing body that adopts a policy permitting chaplains to be hired for any position or any open position complies with Section 3 of Senate Bill 763.
- Whether a vote that authorizes a school chaplain position complies with Section 3 of Senate Bill 763.
Holdings
- Such a vote does not comply with the requirements of Section 3 of SB 763.
- Such a vote complies with the requirements of Section 3 of SB 763.
Key quotations
“We therefore conclude a vote that either acknowledges a policy’s silence about hiring a “chaplain” for “any position” or “allow[s] chaplains to be hired for any open position” would fail the requirements of Section 3 of SB 763.” (at 6)
“By contrast, a vote on whether to authorize a school district or open‑enrollment charter school to hire “for a school chaplain position” would comply with Section 3.” (at 6)
Factual background
The Texas Attorney General was asked whether votes by school district boards or charter governing bodies approving policies that allow chaplains to be hired for any position, any open position, or specifically a school chaplain position comply with Section 3 of Senate Bill 763 enacted by the 88th Legislature.
Procedural history
No prior judicial proceeding; the Attorney General issued an opinion interpreting the statutory requirements of Section 3 of Senate Bill 763.