Texas Senate Bill 763 (SB 763) was designed to assist Texas K-12 public and charter schools in staffing their counselor positions. SB 763 allows religious chaplains to provide counseling services and support programs in public and charter schools. A chaplain is a person who provides religiously oriented services for a particular group or organization. These chaplains do not need the same State Board of Educator Certification that school counselors are required to obtain; however they do need to pass background checks to enter the schools. Chaplains are paid via “School Safety Allotment” funds. These funds are intended to be used on things like security and school resource officers, and are now partially being used to pay chaplain salaries.
There is also a unique aspect of SB 763 that mandates a vote. Schools boards in Texas were required by March 1, 2024, to hold a vote as to whether or not they would allow the chaplain policy in their school districts. The school boards are made up of locally elected officials. The 25 largest school districts, which represent about 1.8 million students, all voted against SB 763, while some of the rural districts did accept this policy.
SB 763 threatens a violation of the establishment clause, which prohibits the state from establishing a religion. There is a clear case for a violation because the state is sponsoring religious chaplains that are not strictly prohibited from proselytizing to students. However, the argument can be made that this policy fulfills an important state interest, as many of these school districts are understaffed and are compelled to help struggling students.
Those in favor of SB 763 may reference more recent Supreme Court cases like Kennedy v Bremerton (2022). A high school football coach, Joe Kennedy, was fired for praying with his team after games. This termination was overturned by the Supreme Court. The new standard in this case determined that the establishment clause needs to be understood in terms of “reference to historical practices and understandings”. As a result, one could reasonably argue the validity of SB 763 due to the fact that chaplains have been a part of the American government for 250 years. Chaplains have been paid to open congressional sessions with prayer since the birth of the nation.
Opponents of SB 763 argue that the bill creates an establishment of religion due to the allotment of state funds to religiously motivated chaplains. Secondly, the bill creates a lack of neutrality due to its preference for Christianity. The students also potentially do not have a choice as to whether or not they are seen by a chaplain or a school counselor as there is not a requirement to employ both chaplains and secular counselors. A free exercise argument can also be made as students may be coerced into practicing Christianity.
There is also judicial precedent that can be used to strike down SB 763. In McCollum v. Board of Education the Supreme Court ruled it unconstitutional to allow the Council on Religious Education to offer religious classes in public schools. Since the Supreme Court ruled that religious instruction is unconstitutional even with parental consent, SB 763 is an even clearer violation of the Establishment Clause because it does not require parental permission at all.
I believe that SB 763 is unconstitutional due to its violation of the establishment clause. SB 763 does not restrict the chaplains in any way from proselytizing to students, making state coercion a genuine possibility. Another very important implication is that this bill results in religious discrimination in hiring practices. A school would be forced to choose between hiring a chaplain or a secular school counselor, resulting in potential religious discrimination if the school is motivated to establish or promote religion. Also, a lack of training requirements for these chaplains creates unequal treatment among hiring practices and hurts those who are qualified counselors.
Overall, SB 763 creates a very blurred line between the church and the state. Although chaplains have been paid by the state to read prayers to Congress for nearly 250 years, that is not proselytizing. This historical example is a true example of expression of a tradition, while this bill would be creating something entirely new.
Friday, March 13, 2026
Texas' New Controversial Bill Allows Chaplains in Schools
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12 comments:
I agree that SB763 is unconstitutional as it establishes religion by using state funds to hire chaplains at public institutions. Although those who favor the bill cite historical instances of the state paying chaplains to read prayers to Congress for nearly 250 years, I do not think that applies to this current situation. You make a really good point that there is nothing in the bill that explicitly restricts the chaplains from proselytizing to children, which could lead to coercion.
After reading about SB 763, I very much agree with you that this is a clear violation of the Establishment Clause. Specifically, your argument about potential coercion is very compelling because the chaplains' ability to proselytize is not restricted by the bill making this a critical issue. Building off of this, even if the state would attempt to restrict this, I think that this could create potential issues with excessive entanglement as the government would have to work to separate the religious and secular activities.
I think that allowing Chaplains to provide counselling in public schools is a clearcut violation of the Establishment Clause. To me, this bill is an obvious example of the threat of the state essentially endorsing religious coercion as a chaplain would likely point a student toward a religious answer to a counselling issue rather than providing purely secular aid.
I agree with the author that SB 763 raises serious Establishment Clause concerns. Allowing religious chaplains to provide counseling in public schools risks blurring the line between church and state. Precedents like McCollum v. Board of Education show that religious instruction within public schools can violate the Establishment Clause when the state appears to endorse or facilitate religious activity.
I think you are correct that SB 763 lacks parental consent requirements and does not prohibit proselytizing, which creates a risk of state coercion. I believe this his undermines the Establishment Clause by sponsoring religious figures in schools. Additionally, using “School Safety Allotment” funds for uncertified personnel instead of security potentially compromises actual student safety to prioritize religious presence.
I agree with your persepctive. To me, using public funds for chaplains clearly violates the Establishment Clause. The presence of a chaplain would clearly cause coercion. This can easily be determined as it blends church and state together.
I agree that SB 736 is unconstitutional, as it raises concerns regarding neutrality and constitutes a violation of the Establishment Clause. Given that McCollum established the unconstitutionality of religious instruction in public schools, I believe that the introduction of religious chaplains presents the same potential violations of the Establishment Clause. Also this law would favor certain religious groups over others and lacks neutrality.
I agree that SB 763 allows a violation of the Establishment Clause. Particularly referencing the argument that SB 763 offers support in understaffed schools, these staff positions can just as easily be fulfilled by secular teachers. Taking particular interest in hiring chaplains to offer instruction is a dangerous entanglement between religion and the state, especially considering that the chaplains are proselytizing—There is a clear religious agenda being pushed that is unconstitutional in a public school setting. Your distinction between traditional roles of chaplains in government and how SB 763 alters from that is another powerful piece of evidence, and given that I would be shocked if the court’s opinion does not align with yours.
Ethan, I think you are exactly right that SB 763 violates the Establishment Clause of the First Amendment. I think what you are talking about is a perfect example of the threat of entangling religion and the state. Even the fact that these chaplains wouldn't face the same hiring requirements or have to meet the same standards raises both ethical and constitutional concerns for me. I also wanted to echo what Raven said about how you do a very good job describing how the role of chaplain has existed throughout our government in the past, but being sure to very carefully explain the distinction of their roles in various cases, including in Texas.
SB 763 absolutely violates the Establishment Clause of the First Amendment. Among issues of neutrality, it would be physically placing religion in the school system.
This Senate Bill is certainly a violation of the Establishment Clause of the First Amendment. Is there a secular purpose in hiring a chaplain? Could this potentially advance religion in public and charter schools? Is there government entanglement? There is too much room for uncertainty and lack of neutrality between school and state therefore this Senate Bill is unconstitutional.
I heavily agree with the author and the other comments, this feels like a major violation of the Establishment Clause. The coercive element of the chaplains, the fact that money that should be going to security or other educational funds are being used to pay their salaries, the fact that they're not even going through the same standard hiring requires or process and doesn't require parental permission all seems incredibly contradictory.
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