| 1 | 1 | | |
|---|
| 2 | 2 | | SENATE BILL 1041 |
|---|
| 3 | 3 | | By Bowling |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | HOUSE BILL 1250 |
|---|
| 6 | 6 | | By Maberry |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | HB1250 |
|---|
| 10 | 10 | | 002877 |
|---|
| 11 | 11 | | - 1 - |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
|---|
| 14 | 14 | | relative to school chaplains. |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 5, Part 1, is amended by |
|---|
| 18 | 18 | | adding the following as a new section: |
|---|
| 19 | 19 | | (a) A local board of education and public charter school governing body may |
|---|
| 20 | 20 | | employ or accept as a volunteer a school chaplain to provide support, services, and |
|---|
| 21 | 21 | | programs for students, school staff, and students' parents pursuant to this section. |
|---|
| 22 | 22 | | (b) A school chaplain employed or accepted as a volunteer pursuant to this |
|---|
| 23 | 23 | | section is not required to be certified by the state board of education. |
|---|
| 24 | 24 | | (c) A local board of education or public charter school governing body that |
|---|
| 25 | 25 | | employs or accepts as a volunteer a school chaplain shall ensure that the school |
|---|
| 26 | 26 | | chaplain undergoes the criminal history record check required in § 49-5-406 and the |
|---|
| 27 | 27 | | investigations required under § 49-5-413. |
|---|
| 28 | 28 | | (d) |
|---|
| 29 | 29 | | (1) A person does not have a cause of action against a school chaplain |
|---|
| 30 | 30 | | for an action taken or statement made by the school chaplain while the school |
|---|
| 31 | 31 | | chaplain is acting in accordance with this section. |
|---|
| 32 | 32 | | (2) The immunity from liability provided for in this subsection (d) does not |
|---|
| 33 | 33 | | apply to an action or statement made by a school chaplain, if the action or |
|---|
| 34 | 34 | | statement was taken or made maliciously, willfully, and was deliberately intended |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | - 2 - 002877 |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | to cause harm or to harass or intimidate those seeking support, services, and |
|---|
| 40 | 40 | | programs from the school chaplain. |
|---|
| 41 | 41 | | (e) As used in this section "school chaplain" means a member of the clergy who |
|---|
| 42 | 42 | | is credentialed by a religious organization to: |
|---|
| 43 | 43 | | (1) Function in a pluralistic environment; and |
|---|
| 44 | 44 | | (2) Support, directly or indirectly, the free exercise of religion by all |
|---|
| 45 | 45 | | individuals in schools. |
|---|
| 46 | 46 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
|---|