*SB0050.4*
Reprinted
January 31, 2024
SENATE BILL No. 50
_____
DIGEST OF SB 50 (Updated January 30, 2024 4:38 pm - DI 140)
Citations Affected: IC 20-26; IC 20-28; IC 20-33; IC 31-32; IC 34-46.
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 if the student
is an emancipated minor or adult; (2) the employee of the school
receiving services; or (3) a parent of the student and the student
receiving services if the student is an unemancipated minor; to provide
nonsecular support. Provides that a school chaplain is not required to
divulge privileged or confidential communications with a student under
certain circumstances. Provides that a school chaplain and a school
counselor are subject to duties to report or disclose certain information.
Effective: July 1, 2024.
Donato, Raatz, Deery, Crane,
Buchanan, Tomes, Rogers, Byrne
January 8, 2024, read first time and referred to Committee on Education and Career
Development.
January 25, 2024, reported favorably — Do Pass.
January 30, 2024, read second time, amended, ordered engrossed.
SB 50—LS 6218/DI 152 Reprinted
January 31, 2024
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.
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 20-26-5-4.5, AS ADDED BY P.L.90-2011,
2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4.5. (a) The superintendent is responsible for
4 selecting and discharging principals, central office administrators,
5 business managers, superintendents of building and grounds, janitors,
6 physicians, dentists, nurses, athletic coaches (whether or not they are
7 otherwise employed by the school corporation and whether or not they
8 are licensed under IC 20-28-5), and any other employees necessary to
9 the operation of the school corporation, subject to the approval of the
10 governing body.
11 (b) Subject to IC 20-28-7.5, the superintendent and principal are
12 responsible for selecting and discharging teachers, teachers aides,
13 assistant principals, building administrative staff, librarians, school
14 chaplains (as defined in IC 20-26-22-2), and any other employees
15 necessary to the operation of the school, subject to the approval of the
16 governing body.
17 SECTION 2. IC 20-26-22 IS ADDED TO THE INDIANA CODE
SB 50—LS 6218/DI 152 2
1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]:
3 Chapter 22. School Chaplains
4 Sec. 1. As used in this chapter, "school" includes the following:
5 (1) A school maintained by a school corporation.
6 (2) A charter school.
7 Sec. 2. As used in this chapter, "school chaplain" refers to an
8 individual who meets the qualifications described in section 3 of
9 this chapter and whose primary responsibility is to provide advice,
10 guidance, and support services to students and employees of the
11 school.
12 Sec. 3. A school principal or superintendent may employ, or
13 approve as a volunteer, a school chaplain if the individual:
14 (1) has at least:
15 (A) a master's degree in divinity, theology, religious
16 studies, or a related field; and
17 (B) two (2) years of counseling experience;
18 (2) obtains an expanded criminal history check and expanded
19 child protection index check under IC 20-26-5-10; and
20 (3) has never been convicted of an offense requiring
21 registration as a sex offender as described in IC 11-8-8-4.5.
22 Sec. 4. A school chaplain may only provide secular advice,
23 guidance, and support services to a student or employee of the
24 school unless:
25 (1) the student receiving services if the student is an
26 emancipated minor or an adult;
27 (2) the employee of the school receiving services; or
28 (3) a parent of the student and the student receiving services
29 if the student is an unemancipated minor;
30 provides permission allowing nonsecular advice, guidance, and
31 support services.
32 Sec. 5. (a) Except as provided in subsection (b), IC 20-33-7.5,
33 IC 31-32-11-1, and IC 31-33-5:
34 (1) communications made by a student to a school chaplain as
35 a school chaplain are privileged and confidential; and
36 (2) a school chaplain is not required to disclose
37 communications described in subdivision (1).
38 (b) A school chaplain shall disclose to a school counselor
39 communications made by a student to the school chaplain if the
40 communications concern:
41 (1) self-harm of the student; or
42 (2) an intention to harm others.
SB 50—LS 6218/DI 152 3
1 SECTION 3. IC 20-28-10-17, AS AMENDED BY P.L.248-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 17. (a) Except as provided in IC 20-33-7.5, and
4 IC 31-32-11-1, and IC 31-33-5, a school counselor is immune from
5 disclosing privileged or confidential communication made to the
6 counselor as a counselor by a student.
7 (b) Except as provided in IC 20-33-7.5, and IC 31-32-11-1, and
8 IC 31-33-5, the matters communicated are privileged and protected
9 against disclosure.
10 SECTION 4. IC 20-33-7.5-4, AS ADDED BY P.L.248-2023,
11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 4. Nothing in this chapter may be construed to
13 require a school psychologist, a school nurse, a school social worker,
14 or a school counselor, or a school chaplain to violate a federal law or
15 regulation.
16 SECTION 5. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
17 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 1. The privileged communication between:
19 (1) a husband and wife;
20 (2) a health care provider and the health care provider's patient;
21 (3) a:
22 (A) licensed social worker;
23 (B) licensed clinical social worker;
24 (C) licensed marriage and family therapist;
25 (D) licensed mental health counselor;
26 (E) licensed addiction counselor; or
27 (F) licensed clinical addiction counselor;
28 and a client of any of the professionals described in clauses (A)
29 through (F);
30 (4) a school counselor and a student; or
31 (5) a school psychologist and a student; or
32 (6) a school chaplain and a student;
33 is not a ground for excluding evidence in any judicial proceeding
34 resulting from a report of a child who may be a victim of child abuse
35 or neglect or relating to the subject matter of the report or failing to
36 report as required by IC 31-33.
37 SECTION 6. IC 34-46-2-11.9 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 11.9. IC 20-26-22-5 (Concerning
40 communications made to a school chaplain).
SB 50—LS 6218/DI 152 4
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 50, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 50 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4
_____
SENATE MOTION
Madam President: I move that Senate Bill 50 be amended to read as
follows:
Between the enacting clause and line 1, begin a new paragraph and
insert:
"SECTION 1. IC 20-26-5-4.5, AS ADDED BY P.L.90-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4.5. (a) The superintendent is responsible for
selecting and discharging principals, central office administrators,
business managers, superintendents of building and grounds, janitors,
physicians, dentists, nurses, athletic coaches (whether or not they are
otherwise employed by the school corporation and whether or not they
are licensed under IC 20-28-5), and any other employees necessary to
the operation of the school corporation, subject to the approval of the
governing body.
(b) Subject to IC 20-28-7.5, the superintendent and principal are
responsible for selecting and discharging teachers, teachers aides,
assistant principals, building administrative staff, librarians, school
chaplains (as defined in IC 20-26-22-2), and any other employees
necessary to the operation of the school, subject to the approval of the
governing body.".
Page 2, line 9, delete "services;" and insert "services if the student
is an emancipated minor or an adult;".
Page 2, line 11, delete "or guardian".
Page 2, line 11, delete "receiving services;" and insert "and the
student receiving services if the student is an unemancipated
minor;".
Page 2, line 14, after "Sec. 5." insert "(a)".
SB 50—LS 6218/DI 152 5
Page 2, line 14, delete "IC 20-33-7.5 and IC 31-32-11-1:" and insert
"subsection (b), IC 20-33-7.5, IC 31-32-11-1, and IC 31-33-5:".
Page 2, between lines 18 and 19, begin a new paragraph and insert:
"(b) A school chaplain shall disclose to a school counselor
communications made by a student to the school chaplain if the
communications concern:
(1) self-harm of the student; or
(2) an intention to harm others.
SECTION 3. IC 20-28-10-17, AS AMENDED BY P.L.248-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 17. (a) Except as provided in IC 20-33-7.5, and
IC 31-32-11-1, and IC 31-33-5, a school counselor is immune from
disclosing privileged or confidential communication made to the
counselor as a counselor by a student.
(b) Except as provided in IC 20-33-7.5, and IC 31-32-11-1, and
IC 31-33-5, the matters communicated are privileged and protected
against disclosure.".
Renumber all SECTIONS consecutively.
(Reference is to SB 50 as printed January 26, 2024.)
DONATO
SB 50—LS 6218/DI 152