An Act to Authorize a Public School to Employ or Accept as a Volunteer a Chaplain; And For Other Purposes

SB164 would allow public schools to employ chaplains or accept volunteer chaplains, granting them access to students without the same qualifications as licensed school counselors or mental health professionals.

The ACLU of Arkansas strongly opposes SB164 because:

• It undermines students’ religious freedom. Public schools must remain neutral in matters of religion. Allowing chaplains — who inherently serve religious functions — to counsel students violates students’ and families' constitutional right to make personal religious decisions without government interference.
• It fails to address the real need for mental health support. Arkansas schools need qualified mental health professionals, not religious leaders, to provide essential services to students. Chaplains are not trained or licensed to offer professional counseling or support for youth.
• It puts students at risk. Under this bill, anyone who passes a background check and obtains a letter from a religious organization could have access to children — even without parental knowledge or consent. This lack of oversight raises serious concerns about student safety and well-being.
• It could lead to inadequate or harmful counseling. Chaplains are not held to the same professional standards as licensed school counselors, creating the risk that students may receive inappropriate or even harmful advice instead of evidence-based mental health care.

Public schools should be places of inclusion, safety, and professional support — not sites for religious influence or unqualified counseling. The ACLU of Arkansas will continue to fight against measures that blur the line between church and state and fail to meet students’ real needs.