Georgia 2023-2024 Regular Session

Georgia Senate Bill SB379 Compare Versions

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1-24 LC 55 0248S
2-The Senate Committee on Government Oversight offered the following
3-substitute to SB 379:
1+24 LC 49 1563
2+Senate Bill 379
3+By: Senators Harbin of the 16th, Robertson of the 29th, Burns of the 23rd, Albers of the 56th,
4+Summers of the 13th and others
45 A BILL TO BE ENTITLED
56 AN ACT
6-To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to1
7+To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to
8+1
79 program weights to reflect funds for payment of salaries and benefits, maximum class size,2
810 reporting requirements, and application to specific school years, so as to authorize local3
9-school systems and public schools to employ or accept as volunteers school chaplains; to4
11+school systems and public schools to employ or accept as a volunteer school chaplains; to4
1012 provide that school chaplains shall provide support, services, and programs for students as5
11-assigned; to provide that school chaplains need not be certificated professional personnel; to6
12-amend Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to7
13-definitions concerning child abuse, so as to include school chaplains in the definition of8
14-"child protection professional"; to amend Code Section 49-5-41 of the Official Code of9
15-Georgia Annotated, relating to persons and agencies permitted access to records, so as to10
16-authorize school chaplains to review records of reports of child abuse; to provide for related11
17-matters; to provide for a short title; to provide for an effective date; to repeal conflicting12
18-laws; and for other purposes.13
19-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
20-SECTION 1.15
21-This Act shall be known and may be cited as the "School Chaplains Act."16
22-- 1 - 24 LC 55 0248S
23-SECTION 2.17
24-Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions18
25-concerning child abuse, is amended by revising paragraph (5) as follows:19
26-"(5) 'Child protection professional' means any person who is employed by the state or a20
27-political subdivision of the state as a law enforcement officer, school teacher, school21
28-administrator, or school counselor, or school chaplain or who is employed to render22
29-services to children by the Department of Public Health, the Department of Behavioral23
30-Health and Developmental Disabilities, or the Department of Human Services or any24
31-county board of health, community service board, or county department of family and25
32-children services."26
33-SECTION 3.27
34-Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program28
35-weights to reflect funds for payment of salaries and benefits, maximum class size, reporting29
36-requirements, and application to specific school years, is amended by revising subsection (c)30
37-as follows:31
38-"(c)(1) The program weights for the kindergarten, kindergarten early intervention,32
39-primary, primary grades early intervention, upper elementary, upper elementary grades33
40-early intervention, middle school, and alternative education programs and the program34
41-weights for the high school programs authorized pursuant to paragraph (4) of35
42-subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall36
43-reflect sufficient funds to pay the beginning salaries for at least one school counselor for37
44-every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and thereafter,38
45-the program weights for the English for speakers of other languages program and the39
46-programs for persons with disabilities shall also earn school counselor funding. Further,40
47-beginning in Fiscal Year 2016 and thereafter, the program weights for the program for41
48-intellectually gifted students and the remedial education program shall also earn school42
49-- 2 - 24 LC 55 0248S
50-counselor funding. The duties and responsibilities for such school counselors shall be43
51-established by the state board to require a minimum of five of the six full-time equivalent44
52-program count segments of the counselor's time to be spent counseling or advising45
53-students or parents.46
54-(2)(A) As used in the paragraph, the term 'chaplain' means a clergy member who is47
55-trained to serve in a secular environment; provided, however, that such term shall not48
56-include any person who is a satanist.49
57-(B) Notwithstanding any provision of paragraph (1) of this subsection or any other law50
58-to the contrary, a local school system or public school shall be authorized to employ or51
59-accept as a volunteer a school chaplain to provide ancillary support, services, and52
60-programs for students as assigned by the local school superintendent or the local board53
61-of education or other public school governing body. A school chaplain employed or54
62-accepted as a volunteer under this subsection is not required to be a certificated55
63-professional personnel or otherwise subject to any rule or regulation of the Professional56
64-Standards Commission.57
65-(C) No later than December 31, 2024, each local board of education or other public58
66-school governing body shall vote in public on whether to adopt a policy authorizing the59
67-employment of school chaplains."60
68-SECTION 4.61
69-Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and62
70-agencies permitted access to records, is amended by revising paragraph (10) of subsection63
71-(c) as follows:64
72-"(10) Any school principal or any school guidance counselor, school social worker, or65
73-school psychologist who is certified under Chapter 2 of Title 20, or school chaplain and66
74-who is counseling a student as a part of such counseling person's school employment67
75-duties, but those records shall remain confidential and information obtained therefrom by68
76-- 3 - 24 LC 55 0248S
77-that counseling person may not be disclosed to any person, except that student, not69
78-authorized under this Code section to obtain those records, and such unauthorized70
79-disclosure shall be punishable as a misdemeanor;"71
80-SECTION 5.72
81-This Act shall become effective upon its approval by the Governor or upon its becoming law73
82-without such approval.74
83-SECTION 6.75
84-All laws and parts of laws in conflict with this Act are repealed.76
85-- 4 -
13+assigned; to authorize school chaplains to be employed or accepted as volunteers in addition6
14+to or in lieu of school counselors and to authorize school chaplains to perform duties of7
15+school counselors; to provide that school chaplains need not be certificated professional8
16+personnel; to provide for an effective date; to provide for related matters; to provide for a9
17+short title; to repeal conflicting laws; and for other purposes.10
18+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
19+SECTION 1.12
20+This Act shall be known and may be cited as the "School Chaplains Act."13
21+S. B. 379
22+- 1 - 24 LC 49 1563
23+SECTION 2.
24+14
25+Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program15
26+weights to reflect funds for payment of salaries and benefits, maximum class size, reporting16
27+requirements, and application to specific school years, is amended by revising subsection (c)17
28+as follows:18
29+"(c)(1)
30+ The program weights for the kindergarten, kindergarten early intervention,19
31+primary, primary grades early intervention, upper elementary, upper elementary grades20
32+early intervention, middle school, and alternative education programs and the program21
33+weights for the high school programs authorized pursuant to paragraph (4) of22
34+subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall23
35+reflect sufficient funds to pay the beginning salaries for at least one school counselor for24
36+every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and thereafter,25
37+the program weights for the English for speakers of other languages program and the26
38+programs for persons with disabilities shall also earn school counselor funding. Further,27
39+beginning in Fiscal Year 2016 and thereafter, the program weights for the program for28
40+intellectually gifted students and the remedial education program shall also earn school29
41+counselor funding. The duties and responsibilities for such school counselors shall be30
42+established by the state board to require a minimum of five of the six full-time equivalent31
43+program count segments of the counselor's time to be spent counseling or advising32
44+students or parents.33
45+(2) Notwithstanding any provision of paragraph (1) of this subsection or any other law34
46+to the contrary, a local school system or public school shall be authorized to employ or35
47+accept as a volunteer a school chaplain to provide support, services, and programs for36
48+students as assigned by the local school superintendent or the local board of education or37
49+other public school governing body. Such school chaplains may be employed or accepted38
50+as volunteers in addition to or in lieu of employing school counselors to perform the39
51+duties required of a school counselor under this chapter and as provided for in Code40
52+S. B. 379
53+- 2 - 24 LC 49 1563
54+Sections 19-15-1 and 49-5-41. A school chaplain employed or accepted as a volunteer41
55+under this subsection is not required to be a certificated professional personnel."42
56+SECTION 3.43
57+This Act shall become effective upon its approval by the Governor or upon its becoming law44
58+without such approval.45
59+SECTION 4.46
60+All laws and parts of laws in conflict with this Act are repealed.47
61+S. B. 379
62+- 3 -