HOUSE BILL 1250
By Maberry
SENATE BILL 1041
By Bowling
SB1041
002877
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to school chaplains.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 5, Part 1, is amended by
adding the following as a new section:
(a) A local board of education and public charter school governing body may
employ or accept as a volunteer a school chaplain to provide support, services, and
programs for students, school staff, and students' parents pursuant to this section.
(b) A school chaplain employed or accepted as a volunteer pursuant to this
section is not required to be certified by the state board of education.
(c) A local board of education or public charter school governing body that
employs or accepts as a volunteer a school chaplain shall ensure that the school
chaplain undergoes the criminal history record check required in § 49-5-406 and the
investigations required under § 49-5-413.
(d)
(1) A person does not have a cause of action against a school chaplain
for an action taken or statement made by the school chaplain while the school
chaplain is acting in accordance with this section.
(2) The immunity from liability provided for in this subsection (d) does not
apply to an action or statement made by a school chaplain, if the action or
statement was taken or made maliciously, willfully, and was deliberately intended
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to cause harm or to harass or intimidate those seeking support, services, and
programs from the school chaplain.
(e) As used in this section "school chaplain" means a member of the clergy who
is credentialed by a religious organization to:
(1) Function in a pluralistic environment; and
(2) Support, directly or indirectly, the free exercise of religion by all
individuals in schools.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.