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Indiana Senate Bill SB0050

Indiana 2024 Regular Session

Indiana Senate Bill SB0050 Compare Versions

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1-*SB0050.4*
2-Reprinted
3-January 31, 2024
1+*SB0050.1*
2+January 26, 2024
43 SENATE BILL No. 50
54 _____
6-DIGEST OF SB 50 (Updated January 30, 2024 4:38 pm - DI 140)
7-Citations Affected: IC 20-26; IC 20-28; IC 20-33; IC 31-32; IC 34-46.
5+DIGEST OF SB 50 (Updated January 24, 2024 2:42 pm - DI 140)
6+Citations Affected: IC 20-26; IC 20-33; IC 31-32; IC 34-46.
87 Synopsis: Chaplains in public schools. Allows a principal or
98 superintendent of a public school, including a charter school, to
109 employ, or approve as a volunteer, a school chaplain if certain
1110 requirements are met. Provides that a school chaplain may only provide
1211 secular support to a student or an employee of the school unless
13-permission is given by: (1) the student receiving services if the student
14-is an emancipated minor or adult; (2) the employee of the school
15-receiving services; or (3) a parent of the student and the student
16-receiving services if the student is an unemancipated minor; to provide
17-nonsecular support. Provides that a school chaplain is not required to
18-divulge privileged or confidential communications with a student under
19-certain circumstances. Provides that a school chaplain and a school
20-counselor are subject to duties to report or disclose certain information.
12+permission is given by: (1) the student receiving services; (2) the
13+employee of the school receiving services; or (3) a parent or guardian
14+of the student receiving services; to provide nonsecular support.
15+Provides that a school chaplain is not required to divulge privileged or
16+confidential communications with a student under certain
17+circumstances.
2118 Effective: July 1, 2024.
2219 Donato, Raatz, Deery, Crane,
23-Buchanan, Tomes, Rogers, Byrne
20+Buchanan, Tomes, Rogers
2421 January 8, 2024, read first time and referred to Committee on Education and Career
2522 Development.
2623 January 25, 2024, reported favorably — Do Pass.
27-January 30, 2024, read second time, amended, ordered engrossed.
28-SB 50—LS 6218/DI 152 Reprinted
29-January 31, 2024
24+SB 50—LS 6218/DI 152 January 26, 2024
3025 Second Regular Session of the 123rd General Assembly (2024)
3126 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3227 Constitution) is being amended, the text of the existing provision will appear in this style type,
3328 additions will appear in this style type, and deletions will appear in this style type.
3429 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3530 provision adopted), the text of the new provision will appear in this style type. Also, the
3631 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3732 a new provision to the Indiana Code or the Indiana Constitution.
3833 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3934 between statutes enacted by the 2023 Regular Session of the General Assembly.
4035 SENATE BILL No. 50
4136 A BILL FOR AN ACT to amend the Indiana Code concerning
4237 education.
4338 Be it enacted by the General Assembly of the State of Indiana:
44-1 SECTION 1. IC 20-26-5-4.5, AS ADDED BY P.L.90-2011,
45-2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
46-3 JULY 1, 2024]: Sec. 4.5. (a) The superintendent is responsible for
47-4 selecting and discharging principals, central office administrators,
48-5 business managers, superintendents of building and grounds, janitors,
49-6 physicians, dentists, nurses, athletic coaches (whether or not they are
50-7 otherwise employed by the school corporation and whether or not they
51-8 are licensed under IC 20-28-5), and any other employees necessary to
52-9 the operation of the school corporation, subject to the approval of the
53-10 governing body.
54-11 (b) Subject to IC 20-28-7.5, the superintendent and principal are
55-12 responsible for selecting and discharging teachers, teachers aides,
56-13 assistant principals, building administrative staff, librarians, school
57-14 chaplains (as defined in IC 20-26-22-2), and any other employees
58-15 necessary to the operation of the school, subject to the approval of the
59-16 governing body.
60-17 SECTION 2. IC 20-26-22 IS ADDED TO THE INDIANA CODE
39+1 SECTION 1. IC 20-26-22 IS ADDED TO THE INDIANA CODE
40+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
41+3 JULY 1, 2024]:
42+4 Chapter 22. School Chaplains
43+5 Sec. 1. As used in this chapter, "school" includes the following:
44+6 (1) A school maintained by a school corporation.
45+7 (2) A charter school.
46+8 Sec. 2. As used in this chapter, "school chaplain" refers to an
47+9 individual who meets the qualifications described in section 3 of
48+10 this chapter and whose primary responsibility is to provide advice,
49+11 guidance, and support services to students and employees of the
50+12 school.
51+13 Sec. 3. A school principal or superintendent may employ, or
52+14 approve as a volunteer, a school chaplain if the individual:
53+15 (1) has at least:
54+16 (A) a master's degree in divinity, theology, religious
55+17 studies, or a related field; and
6156 SB 50—LS 6218/DI 152 2
62-1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
63-2 JULY 1, 2024]:
64-3 Chapter 22. School Chaplains
65-4 Sec. 1. As used in this chapter, "school" includes the following:
66-5 (1) A school maintained by a school corporation.
67-6 (2) A charter school.
68-7 Sec. 2. As used in this chapter, "school chaplain" refers to an
69-8 individual who meets the qualifications described in section 3 of
70-9 this chapter and whose primary responsibility is to provide advice,
71-10 guidance, and support services to students and employees of the
72-11 school.
73-12 Sec. 3. A school principal or superintendent may employ, or
74-13 approve as a volunteer, a school chaplain if the individual:
75-14 (1) has at least:
76-15 (A) a master's degree in divinity, theology, religious
77-16 studies, or a related field; and
78-17 (B) two (2) years of counseling experience;
79-18 (2) obtains an expanded criminal history check and expanded
80-19 child protection index check under IC 20-26-5-10; and
81-20 (3) has never been convicted of an offense requiring
82-21 registration as a sex offender as described in IC 11-8-8-4.5.
83-22 Sec. 4. A school chaplain may only provide secular advice,
84-23 guidance, and support services to a student or employee of the
85-24 school unless:
86-25 (1) the student receiving services if the student is an
87-26 emancipated minor or an adult;
88-27 (2) the employee of the school receiving services; or
89-28 (3) a parent of the student and the student receiving services
90-29 if the student is an unemancipated minor;
91-30 provides permission allowing nonsecular advice, guidance, and
92-31 support services.
93-32 Sec. 5. (a) Except as provided in subsection (b), IC 20-33-7.5,
94-33 IC 31-32-11-1, and IC 31-33-5:
95-34 (1) communications made by a student to a school chaplain as
96-35 a school chaplain are privileged and confidential; and
97-36 (2) a school chaplain is not required to disclose
98-37 communications described in subdivision (1).
99-38 (b) A school chaplain shall disclose to a school counselor
100-39 communications made by a student to the school chaplain if the
101-40 communications concern:
102-41 (1) self-harm of the student; or
103-42 (2) an intention to harm others.
57+1 (B) two (2) years of counseling experience;
58+2 (2) obtains an expanded criminal history check and expanded
59+3 child protection index check under IC 20-26-5-10; and
60+4 (3) has never been convicted of an offense requiring
61+5 registration as a sex offender as described in IC 11-8-8-4.5.
62+6 Sec. 4. A school chaplain may only provide secular advice,
63+7 guidance, and support services to a student or employee of the
64+8 school unless:
65+9 (1) the student receiving services;
66+10 (2) the employee of the school receiving services; or
67+11 (3) a parent or guardian of the student receiving services;
68+12 provides permission allowing nonsecular advice, guidance, and
69+13 support services.
70+14 Sec. 5. Except as provided in IC 20-33-7.5 and IC 31-32-11-1:
71+15 (1) communications made by a student to a school chaplain as
72+16 a school chaplain are privileged and confidential; and
73+17 (2) a school chaplain is not required to disclose
74+18 communications described in subdivision (1).
75+19 SECTION 2. IC 20-33-7.5-4, AS ADDED BY P.L.248-2023,
76+20 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
77+21 JULY 1, 2024]: Sec. 4. Nothing in this chapter may be construed to
78+22 require a school psychologist, a school nurse, a school social worker,
79+23 or a school counselor, or a school chaplain to violate a federal law or
80+24 regulation.
81+25 SECTION 3. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
82+26 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
83+27 JULY 1, 2024]: Sec. 1. The privileged communication between:
84+28 (1) a husband and wife;
85+29 (2) a health care provider and the health care provider's patient;
86+30 (3) a:
87+31 (A) licensed social worker;
88+32 (B) licensed clinical social worker;
89+33 (C) licensed marriage and family therapist;
90+34 (D) licensed mental health counselor;
91+35 (E) licensed addiction counselor; or
92+36 (F) licensed clinical addiction counselor;
93+37 and a client of any of the professionals described in clauses (A)
94+38 through (F);
95+39 (4) a school counselor and a student; or
96+40 (5) a school psychologist and a student; or
97+41 (6) a school chaplain and a student;
98+42 is not a ground for excluding evidence in any judicial proceeding
10499 SB 50—LS 6218/DI 152 3
105-1 SECTION 3. IC 20-28-10-17, AS AMENDED BY P.L.248-2023,
106-2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107-3 JULY 1, 2024]: Sec. 17. (a) Except as provided in IC 20-33-7.5, and
108-4 IC 31-32-11-1, and IC 31-33-5, a school counselor is immune from
109-5 disclosing privileged or confidential communication made to the
110-6 counselor as a counselor by a student.
111-7 (b) Except as provided in IC 20-33-7.5, and IC 31-32-11-1, and
112-8 IC 31-33-5, the matters communicated are privileged and protected
113-9 against disclosure.
114-10 SECTION 4. IC 20-33-7.5-4, AS ADDED BY P.L.248-2023,
115-11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116-12 JULY 1, 2024]: Sec. 4. Nothing in this chapter may be construed to
117-13 require a school psychologist, a school nurse, a school social worker,
118-14 or a school counselor, or a school chaplain to violate a federal law or
119-15 regulation.
120-16 SECTION 5. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
121-17 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122-18 JULY 1, 2024]: Sec. 1. The privileged communication between:
123-19 (1) a husband and wife;
124-20 (2) a health care provider and the health care provider's patient;
125-21 (3) a:
126-22 (A) licensed social worker;
127-23 (B) licensed clinical social worker;
128-24 (C) licensed marriage and family therapist;
129-25 (D) licensed mental health counselor;
130-26 (E) licensed addiction counselor; or
131-27 (F) licensed clinical addiction counselor;
132-28 and a client of any of the professionals described in clauses (A)
133-29 through (F);
134-30 (4) a school counselor and a student; or
135-31 (5) a school psychologist and a student; or
136-32 (6) a school chaplain and a student;
137-33 is not a ground for excluding evidence in any judicial proceeding
138-34 resulting from a report of a child who may be a victim of child abuse
139-35 or neglect or relating to the subject matter of the report or failing to
140-36 report as required by IC 31-33.
141-37 SECTION 6. IC 34-46-2-11.9 IS ADDED TO THE INDIANA
142-38 CODE AS A NEW SECTION TO READ AS FOLLOWS
143-39 [EFFECTIVE JULY 1, 2024]: Sec. 11.9. IC 20-26-22-5 (Concerning
144-40 communications made to a school chaplain).
100+1 resulting from a report of a child who may be a victim of child abuse
101+2 or neglect or relating to the subject matter of the report or failing to
102+3 report as required by IC 31-33.
103+4 SECTION 4. IC 34-46-2-11.9 IS ADDED TO THE INDIANA
104+5 CODE AS A NEW SECTION TO READ AS FOLLOWS
105+6 [EFFECTIVE JULY 1, 2024]: Sec. 11.9. IC 20-26-22-5 (Concerning
106+7 communications made to a school chaplain).
145107 SB 50—LS 6218/DI 152 4
146108 COMMITTEE REPORT
147109 Madam President: The Senate Committee on Education and Career
148110 Development, to which was referred Senate Bill No. 50, has had the
149111 same under consideration and begs leave to report the same back to the
150112 Senate with the recommendation that said bill DO PASS.
151113 (Reference is to SB 50 as introduced.)
152114
153115 RAATZ, Chairperson
154116 Committee Vote: Yeas 9, Nays 4
155-_____
156-SENATE MOTION
157-Madam President: I move that Senate Bill 50 be amended to read as
158-follows:
159-Between the enacting clause and line 1, begin a new paragraph and
160-insert:
161-"SECTION 1. IC 20-26-5-4.5, AS ADDED BY P.L.90-2011,
162-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163-JULY 1, 2024]: Sec. 4.5. (a) The superintendent is responsible for
164-selecting and discharging principals, central office administrators,
165-business managers, superintendents of building and grounds, janitors,
166-physicians, dentists, nurses, athletic coaches (whether or not they are
167-otherwise employed by the school corporation and whether or not they
168-are licensed under IC 20-28-5), and any other employees necessary to
169-the operation of the school corporation, subject to the approval of the
170-governing body.
171-(b) Subject to IC 20-28-7.5, the superintendent and principal are
172-responsible for selecting and discharging teachers, teachers aides,
173-assistant principals, building administrative staff, librarians, school
174-chaplains (as defined in IC 20-26-22-2), and any other employees
175-necessary to the operation of the school, subject to the approval of the
176-governing body.".
177-Page 2, line 9, delete "services;" and insert "services if the student
178-is an emancipated minor or an adult;".
179-Page 2, line 11, delete "or guardian".
180-Page 2, line 11, delete "receiving services;" and insert "and the
181-student receiving services if the student is an unemancipated
182-minor;".
183-Page 2, line 14, after "Sec. 5." insert "(a)".
184-SB 50—LS 6218/DI 152 5
185-Page 2, line 14, delete "IC 20-33-7.5 and IC 31-32-11-1:" and insert
186-"subsection (b), IC 20-33-7.5, IC 31-32-11-1, and IC 31-33-5:".
187-Page 2, between lines 18 and 19, begin a new paragraph and insert:
188-"(b) A school chaplain shall disclose to a school counselor
189-communications made by a student to the school chaplain if the
190-communications concern:
191-(1) self-harm of the student; or
192-(2) an intention to harm others.
193-SECTION 3. IC 20-28-10-17, AS AMENDED BY P.L.248-2023,
194-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
195-JULY 1, 2024]: Sec. 17. (a) Except as provided in IC 20-33-7.5, and
196-IC 31-32-11-1, and IC 31-33-5, a school counselor is immune from
197-disclosing privileged or confidential communication made to the
198-counselor as a counselor by a student.
199-(b) Except as provided in IC 20-33-7.5, and IC 31-32-11-1, and
200-IC 31-33-5, the matters communicated are privileged and protected
201-against disclosure.".
202-Renumber all SECTIONS consecutively.
203-(Reference is to SB 50 as printed January 26, 2024.)
204-DONATO
205117 SB 50—LS 6218/DI 152