An Act to authorize volunteer chaplains to serve in public schools.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 13-8:

The board of each school district shall implement a policy that authorizes an individual to volunteer as a school chaplain. The policy must describe the process by which an individual applies to volunteer as a school chaplain, the minimum qualifications the applicant must have to volunteer as a school chaplain, and the service or support that an individual volunteering as a school chaplain may provide. The board must publish on the school district's website the list of individuals volunteering as school chaplains and the religious affiliation of each individual.

The policy adopted by the board may not require or compel a student to participate in or receive any service or support provided by an individual volunteering as a school chaplain.

The policy adopted by the board may not allow an individual volunteering as a school chaplain to have any disciplinary or supervisory authority over any student or student group.

An individual who applies to volunteer as a school chaplain shall submit to the same criminal background investigation required of an individual hired by a school district pursuant to § 13-10-12.

A school district may not allow an individual to volunteer as a school chaplain if the individual has been convicted of:

(1) A crime involving moral turpitude, as defined in § 22-1-2;

(2) A crime of violence, as defined in § 22-1-2;

(3) A sex offense, as defined in § 22-24B-1; or

(4) Trafficking in narcotics.