Introduced Version
SENATE BILL No. 50
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-22; IC 20-33-7.5-4; IC 31-32-11-1;
IC 34-46-2-11.9.
Synopsis: Chaplains in public schools. Allows a principal or
superintendent of a public school, including a charter school, to
employ, or approve as a volunteer, a school chaplain if certain
requirements are met. Provides that a school chaplain may only provide
secular support to a student or an employee of the school unless
permission is given by: (1) the student receiving services; (2) the
employee of the school receiving services; or (3) a parent or guardian
of the student receiving services; to provide nonsecular support.
Provides that a school chaplain is not required to divulge privileged or
confidential communications with a student under certain
circumstances.
Effective: July 1, 2024.
Donato
January 8, 2024, read first time and referred to Committee on Education and Career
Development.
2024 IN 50—LS 6218/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
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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.
SENATE BILL No. 50
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. As used in this chapter, "school" includes the following:
6 (1) A school maintained by a school corporation.
7 (2) A charter school.
8 Sec. 2. As used in this chapter, "school chaplain" refers to an
9 individual who meets the qualifications described in section 3 of
10 this chapter and whose primary responsibility is to provide advice,
11 guidance, and support services to students and employees of the
12 school.
13 Sec. 3. A school principal or superintendent may employ, or
14 approve as a volunteer, a school chaplain if the individual:
15 (1) has at least:
16 (A) a master's degree in divinity, theology, religious
17 studies, or a related field; and
2024 IN 50—LS 6218/DI 152 2
1 (B) two (2) years of counseling experience;
2 (2) obtains an expanded criminal history check and expanded
3 child protection index check under IC 20-26-5-10; and
4 (3) has never been convicted of an offense requiring
5 registration as a sex offender as described in IC 11-8-8-4.5.
6 Sec. 4. A school chaplain may only provide secular advice,
7 guidance, and support services to a student or employee of the
8 school unless:
9 (1) the student receiving services;
10 (2) the employee of the school receiving services; or
11 (3) a parent or guardian of the student receiving services;
12 provides permission allowing nonsecular advice, guidance, and
13 support services.
14 Sec. 5. Except as provided in IC 20-33-7.5 and IC 31-32-11-1:
15 (1) communications made by a student to a school chaplain as
16 a school chaplain are privileged and confidential; and
17 (2) a school chaplain is not required to disclose
18 communications described in subdivision (1).
19 SECTION 2. IC 20-33-7.5-4, AS ADDED BY P.L.248-2023,
20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 4. Nothing in this chapter may be construed to
22 require a school psychologist, a school nurse, a school social worker,
23 or a school counselor, or a school chaplain to violate a federal law or
24 regulation.
25 SECTION 3. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
26 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 1. The privileged communication between:
28 (1) a husband and wife;
29 (2) a health care provider and the health care provider's patient;
30 (3) a:
31 (A) licensed social worker;
32 (B) licensed clinical social worker;
33 (C) licensed marriage and family therapist;
34 (D) licensed mental health counselor;
35 (E) licensed addiction counselor; or
36 (F) licensed clinical addiction counselor;
37 and a client of any of the professionals described in clauses (A)
38 through (F);
39 (4) a school counselor and a student; or
40 (5) a school psychologist and a student; or
41 (6) a school chaplain and a student;
42 is not a ground for excluding evidence in any judicial proceeding
2024 IN 50—LS 6218/DI 152 3
1 resulting from a report of a child who may be a victim of child abuse
2 or neglect or relating to the subject matter of the report or failing to
3 report as required by IC 31-33.
4 SECTION 4. IC 34-46-2-11.9 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 11.9. IC 20-26-22-5 (Concerning
7 communications made to a school chaplain).
2024 IN 50—LS 6218/DI 152