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Florida sets model policy for school chaplaincy and triggers dispute over 1st Amendment to the US Constitution

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The Florida Department of Education released a model policy to help school districts establish pastoral care programs for public school students in kindergarten through high school – and it immediately sparked controversy.

“Florida welcomes legitimate and officially authorized clergy to volunteer in their local schools and provide morally sound guidance to students,” Education Commissioner Manny Diaz Jr. said in a social media post Tuesday evening.

The announcement came a week after a Florida school board put the creation of a chaplaincy program on hold following concerns about the First Amendment and the Satanic Temple's interest in participating.

Lucien Greaves, co-founder of the Satanic Temple, said the model policy would exclude Satanists and a variety of other religious beliefs.

“The document fails because it defines religion too narrowly, excluding not only Satanists but also Buddhists, humanists, Jains, Confucianists and many others who care deeply about the emotional well-being of children in schools,” Greaves said in an email Tuesday evening. “It runs counter to all existing First Amendment precedents and fundamental respect for religious pluralism and freedom.”

The Satanic Temple is an IRS-recognized religious group that does not actually worship Satan. It is known for its advocacy of the First Amendment and religious freedom, and has even warned Florida lawmakers that it will participate in any programs if they pass the chaplaincy bill.

When Governor Ron DeSantis signed the chaplains bill earlier this year, he vowed that Satanists would be barred from participating. If that happens, it would likely lead to a court battle over the First Amendment.

The law allows volunteer chaplains to provide support services to K-12 public school students. It requires parental consent before a student meets with a chaplain, who must undergo a background check. It also requires districts to post a list of chaplains on their website and requires school principals to inform parents about them.

Further implementation is left to the local school authorities if they decide to implement a program.

If the state's model policy were adopted by school districts, they would create far more stringent standards for military chaplains.

To participate, they must meet certain college degree requirements and “have current, official membership in a group that is itself officially affiliated with a religion and meets in person at least once a month at a location within the geographic boundaries of the school district.”

Definitions of a qualifying religion include that it must “recognize the existence of and worship one or more supernatural beings who have power over the natural world” and that it must “have religious beliefs that impose moral duties that are independent of the believer's self-interest.”

The principal of each school would be responsible for ensuring that each candidate for the chaplaincy position meets the requirements. However, even if they do, the principal can reject an application if it is determined “that the individual is not applying to fulfill the purpose of the program or that the applicant's participation would be contrary to the educational interests of the school and the chaplaincy program.”

Greaves said the policy, if implemented, would not stand up to judicial scrutiny.

“We now see even more clearly the dishonest intentions of policymakers who, on the one hand, portray the chaplaincy program as not interested in missionary work, and on the other hand, insist that chaplains only represent certain beliefs that have nothing to do with pastoral work and can only be relevant to missionary work,” Greaves said.

“This is a clear intrusion of religion into public schools, with the clear intent of promoting a particular viewpoint,” Greaves continued. USA TODAY NETWORK-Florida has also reached out to the Florida Department of Education for comment.

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. Douglas Soule, First Amendment reporter for the USA Today Network-Florida, can be reached at [email protected].

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