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