Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB379 Comm Sub / Bill

Filed 02/22/2024

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The Senate Committee on Government Oversight offered the following 
substitute to SB 379:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to1
program weights to reflect funds for payment of salaries and benefits, maximum class size,2
reporting requirements, and application to specific school years, so as to authorize local3
school systems and public schools to employ or accept as volunteers school chaplains; to4
provide that school chaplains shall provide support, services, and programs for students as5
assigned; to provide that school chaplains need not be certificated professional personnel; to6
amend Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to7
definitions concerning child abuse, so as to include school chaplains in the definition of8
"child protection professional"; to amend Code Section 49-5-41 of the Official Code of9
Georgia Annotated, relating to persons and agencies permitted access to records, so as to10
authorize school chaplains to review records of reports of child abuse; to provide for related11
matters; to provide for a short title; to provide for an effective date; to repeal conflicting12
laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
SECTION 1.15
This Act shall be known and may be cited as the "School Chaplains Act."16
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SECTION 2.17
Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions18
concerning child abuse, is amended by revising paragraph (5) as follows:19
"(5)  'Child protection professional' means any person who is employed by the state or a20
political subdivision of the state as a law enforcement officer, school teacher, school21
administrator, or school counselor, or school chaplain or who is employed to render22
services to children by the Department of Public Health, the Department of Behavioral23
Health and Developmental Disabilities, or the Department of Human Services or any24
county board of health, community service board, or county department of family and25
children services."26
SECTION 3.27
Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program28
weights to reflect funds for payment of salaries and benefits, maximum class size, reporting29
requirements, and application to specific school years, is amended by revising subsection (c)30
as follows:31
"(c)(1) The program weights for the kindergarten, kindergarten early intervention,32
primary, primary grades early intervention, upper elementary, upper elementary grades33
early intervention, middle school, and alternative education programs and the program34
weights for the high school programs authorized pursuant to paragraph (4) of35
subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall36
reflect sufficient funds to pay the beginning salaries for at least one school counselor for37
every 450 full-time equivalent students.  Beginning in Fiscal Year 2015 and thereafter,38
the program weights for the English for speakers of other languages program and the39
programs for persons with disabilities shall also earn school counselor funding.  Further,40
beginning in Fiscal Year 2016 and thereafter, the program weights for the program for41
intellectually gifted students and the remedial education program shall also earn school42
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counselor funding.  The duties and responsibilities for such school counselors shall be43
established by the state board to require a minimum of five of the six full-time equivalent44
program count segments of the counselor's time to be spent counseling or advising45
students or parents.46
(2)(A)  As used in the paragraph, the term 'chaplain' means a clergy member who is47
trained to serve in a secular environment; provided, however, that such term shall not48
include any person who is a satanist.49
(B)  Notwithstanding any provision of paragraph (1) of this subsection or any other law50
to the contrary, a local school system or public school shall be authorized to employ or51
accept as a volunteer a school chaplain to provide ancillary support, services, and52
programs for students as assigned by the local school superintendent or the local board53
of education or other public school governing body.  A school chaplain employed or54
accepted as a volunteer under this subsection is not required to be a certificated55
professional personnel or otherwise subject to any rule or regulation of the Professional56
Standards Commission.57
(C)  No later than December 31, 2024, each local board of education or other public58
school governing body shall vote in public on whether to adopt a policy authorizing the59
employment of school chaplains."60
SECTION 4.61
Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and62
agencies permitted access to records, is amended by revising paragraph (10) of subsection63
(c) as follows:64
"(10)  Any school principal or any school guidance counselor, school social worker, or65
school psychologist who is certified under Chapter 2 of Title 20, or school chaplain and66
who is counseling a student as a part of such counseling person's school employment67
duties, but those records shall remain confidential and information obtained therefrom by68
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that counseling person may not be disclosed to any person, except that student, not69
authorized under this Code section to obtain those records, and such unauthorized70
disclosure shall be punishable as a misdemeanor;"71
SECTION 5.72
This Act shall become effective upon its approval by the Governor or upon its becoming law73
without such approval.74
SECTION 6.75
All laws and parts of laws in conflict with this Act are repealed.76
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