| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1192 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 20-26-22; IC 20-33-7.5-4; IC 31-32-11-1. |
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| 7 | 7 | | Synopsis: Chaplains in public and charter schools. Allows a school |
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| 8 | 8 | | corporation or charter school to employ or accept as a volunteer a |
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| 9 | 9 | | school chaplain under certain circumstances. Provides that a school |
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| 10 | 10 | | chaplain is not required to disclose privileged or confidential |
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| 11 | 11 | | communications with a student under certain circumstances. |
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| 12 | 12 | | Effective: July 1, 2024. |
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| 13 | 13 | | Miller D |
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| 14 | 14 | | January 9, 2024, read first time and referred to Committee on Education. |
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| 15 | 15 | | 2024 IN 1192—LS 6253/DI 152 Introduced |
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| 16 | 16 | | Second Regular Session of the 123rd General Assembly (2024) |
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| 17 | 17 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 18 | 18 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 19 | 19 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 20 | 20 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 21 | 21 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 22 | 22 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 23 | 23 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 24 | 24 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 25 | 25 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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| 26 | 26 | | HOUSE BILL No. 1192 |
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| 27 | 27 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 28 | 28 | | education. |
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| 29 | 29 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 30 | 30 | | 1 SECTION 1. IC 20-26-22 IS ADDED TO THE INDIANA CODE |
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| 31 | 31 | | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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| 32 | 32 | | 3 JULY 1, 2024]: |
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| 33 | 33 | | 4 Chapter 22. School Chaplains |
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| 34 | 34 | | 5 Sec. 1. A school corporation or charter school may employ or |
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| 35 | 35 | | 6 accept as a volunteer a chaplain to provide support, services, and |
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| 36 | 36 | | 7 programs for students as determined by the governing body of the |
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| 37 | 37 | | 8 school corporation or the equivalent authority for a charter school, |
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| 38 | 38 | | 9 if the individual: |
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| 39 | 39 | | 10 (1) has at least: |
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| 40 | 40 | | 11 (A) a bachelor's degree; and |
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| 41 | 41 | | 12 (B) two (2) years experience counseling children; |
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| 42 | 42 | | 13 (2) obtains an expanded criminal history check and expanded |
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| 43 | 43 | | 14 child protection index check under IC 20-26-5-10; and |
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| 44 | 44 | | 15 (3) has never been convicted of an offense requiring |
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| 45 | 45 | | 16 registration as a sex offender as described in IC 11-8-8-4.5. |
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| 46 | 46 | | 17 Sec. 2. Except as provided in IC 20-33-7.5 and IC 31-32-11-1: |
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| 47 | 47 | | 2024 IN 1192—LS 6253/DI 152 2 |
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| 48 | 48 | | 1 (1) communications made by a student to a school chaplain as |
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| 49 | 49 | | 2 a school chaplain are privileged and confidential; and |
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| 50 | 50 | | 3 (2) a school chaplain is not required to disclose |
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| 51 | 51 | | 4 communications described in subdivision (1). |
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| 52 | 52 | | 5 SECTION 2. IC 20-33-7.5-4, AS ADDED BY P.L.248-2023, |
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| 53 | 53 | | 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 54 | 54 | | 7 JULY 1, 2024]: Sec. 4. Nothing in this chapter may be construed to |
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| 55 | 55 | | 8 require a school psychologist, a school nurse, a school social worker, |
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| 56 | 56 | | 9 or a school counselor, or a school chaplain to violate a federal law or |
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| 57 | 57 | | 10 regulation. |
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| 58 | 58 | | 11 SECTION 3. IC 31-32-11-1, AS AMENDED BY P.L.122-2009, |
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| 59 | 59 | | 12 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 60 | 60 | | 13 JULY 1, 2024]: Sec. 1. The privileged communication between: |
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| 61 | 61 | | 14 (1) a husband and wife; |
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| 62 | 62 | | 15 (2) a health care provider and the health care provider's patient; |
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| 63 | 63 | | 16 (3) a: |
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| 64 | 64 | | 17 (A) licensed social worker; |
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| 65 | 65 | | 18 (B) licensed clinical social worker; |
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| 66 | 66 | | 19 (C) licensed marriage and family therapist; |
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| 67 | 67 | | 20 (D) licensed mental health counselor; |
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| 68 | 68 | | 21 (E) licensed addiction counselor; or |
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| 69 | 69 | | 22 (F) licensed clinical addiction counselor; |
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| 70 | 70 | | 23 and a client of any of the professionals described in clauses (A) |
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| 71 | 71 | | 24 through (F); |
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| 72 | 72 | | 25 (4) a school counselor and a student; or |
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| 73 | 73 | | 26 (5) a school psychologist and a student; or |
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| 74 | 74 | | 27 (6) a school chaplain and a student; |
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| 75 | 75 | | 28 is not a ground for excluding evidence in any judicial proceeding |
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| 76 | 76 | | 29 resulting from a report of a child who may be a victim of child abuse |
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| 77 | 77 | | 30 or neglect or relating to the subject matter of the report or failing to |
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| 78 | 78 | | 31 report as required by IC 31-33. |
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| 79 | 79 | | 2024 IN 1192—LS 6253/DI 152 |
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