Senate Bill 325
By: Senators Harbin of the 16th, Burns of the 23rd, Albers of the 56th, Gooch of the 51st,
Robertson of the 29th and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to
program weights to reflect funds for payment of salaries and benefits, maximum class size,
reporting requirements, and application to specific school years, so as to authorize local
school systems and public schools to employ or accept as volunteers school chaplains; to
provide that school chaplains shall provide support, services, and programs for students as
assigned; to authorize school chaplains to be employed or accepted as volunteers in addition
to or in lieu of school counselors and to authorize school chaplains to perform duties of
school counselors; to provide that school chaplains need not be certificated professional
personnel; to require local boards of education to vote in public on whether to authorize
school chaplains; to amend Code Section 19-15-1 of the Official Code of Georgia Annotated,
relating to definitions concerning child abuse, so as to include school chaplains in the
definition of "child protection professional"; to amend Code Section 49-5-41 of the Official
Code of Georgia Annotated, relating to persons and agencies permitted access to records, so
as to authorize school chaplains to review records of reports of child abuse; to provide for
related matters; to provide for a short title; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "School Chaplains Act."
SECTION 2.
Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions
concerning child abuse, is amended by revising paragraph (5) as follows:
"(5) 'Child protection professional' means any person who is employed by the state or a
political subdivision of the state as a law enforcement officer, school teacher, school
administrator, <del>or</del> school counselor, <ins>or school chaplain</ins> or who is employed to render
services to children by the Department of Public Health, the Department of Behavioral
Health and Developmental Disabilities, or the Department of Human Services or any
county board of health, community service board, or county department of family and
children services."
SECTION 3.
Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program
weights to reflect funds for payment of salaries and benefits, maximum class size, reporting
requirements, and application to specific school years, is amended by revising subsection (c)
as follows:
"(c)(1) The program weights for the kindergarten, kindergarten early intervention,
primary, primary grades early intervention, upper elementary, upper elementary grades
early intervention, middle school, and alternative education programs and the program
weights for the high school programs authorized pursuant to paragraph (4) of
subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall
reflect sufficient funds to pay the beginning salaries for at least one school counselor for
every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and thereafter,
the program weights for the English for speakers of other languages program and the
programs for persons with disabilities shall also earn school counselor funding. Further,
beginning in Fiscal Year 2016 and thereafter, the program weights for the program for
intellectually gifted students and the remedial education program shall also earn school
counselor funding. The duties and responsibilities for such school counselors shall be
established by the state board to require a minimum of five of the six full-time equivalent
program count segments of the counselor's time to be spent counseling or advising
students or parents.
<ins>(2)(A) Notwithstanding any provision of paragraph (1) of this subsection or any other
law to the contrary, a local school system or public school shall be authorized to
employ or accept as a volunteer a school chaplain to provide support, services, and
programs for students as assigned by the local school superintendent or the local board
of education or other public school governing body. In addition to employing school
counselors to perform the duties of school counselors, local school systems and public
schools may employ school chaplains to perform the duties required of a school
counselor under this chapter and as provided for in paragraph (5) of Code Section
19-15-1 and Code Section 49-5-41. A school chaplain employed or accepted as a
volunteer under this subsection is not required to be a certificated professional
personnel or otherwise subject to any rule or regulation of the Professional Standards
Commission.
(B) No later than December 31, 2025, each local board of education or other public
school governing body shall vote in public on whether to adopt a policy authorizing the
employment of school chaplains."
</ins> SECTION 4.
Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and
agencies permitted access to records, is amended by revising paragraph (10) of subsection
(c) as follows:
"(10) Any school principal, <del>or any</del> school guidance counselor, school social worker, or
school psychologist who is certified under Chapter 2 of Title 20, <ins>or school chaplain</ins> <del>and
</del> who is counseling a student as a part of such counseling person's school employment
duties, but those records shall remain confidential and information obtained therefrom by
<del>that</del> <ins>such</ins> counseling person may not be disclosed to any person, except <del>that</del> <ins>such</ins> student,
not authorized under this Code section to obtain those records, and such unauthorized
disclosure shall be punishable as a misdemeanor;"
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.