Committee advances bill letting local districts use volunteer chaplains; legal counsel says immunity in draft applies only to chaplains

The House Education Committee advanced House Bill 1250, which would allow local boards and charter schools to employ or accept volunteer chaplains to provide trauma care, crisis support and emotional guidance for students, teachers and families. The measure was referred to the finance committee after a 14 ayes, 2 nays, 1 present not voting vote.

Sponsor Representative Mayberry said the program would be voluntary for schools and voluntary for families and students, and that chaplains “must pass background checks and follow school policies.” He said chaplains are “a proven model” used in military hospitals and first-responder agencies.

Committee members pressed for details about scope and liability. Representative Glenn asked whether chaplains would be used only in emergencies or would be on campus at other times; Mayberry said chaplains would be employees or volunteers “there for support for mainly teachers, but students as well if parents opt them in to receive guidance.”

Legal services provided a detailed read of the liability language in the bill. Katie Robertson of Legal Services summarized subsection (d): the bill provides that a person does not have a cause of action against a school chaplain for actions or statements made while acting in accordance with the section, but immunity does not apply if an action was “maliciously or willfully” intended to cause harm. Gino Bolesale of Legal Services clarified that the immunity in the bill attaches only to the chaplain and “does not affect the LEA’s potential liability to a student or the student's family in the event of some injury.”

The committee voted to send the bill to finance. Sponsors acknowledged the bill had been gen-subbed in the Senate and may face further review.

Actions

- motion: Advance HB1250 to finance mover: Representative Mayberry second: not specified tally: {"yes":14,"no":2,"abstain":0,"absent":0,"recused":0} outcome: "approved" notes: "Legal staff clarified immunity language; sponsors emphasized voluntariness and background checks."

Speakers

- {"name":"Representative Mayberry","role_title":"Sponsor","affiliation_type":"government","affiliation_name":"House of Representatives","first_reference":{"timecode":"00:28:48","transcript_line_range":[4320,4343]}} - {"name":"Representative Glenn","role_title":"Member","affiliation_type":"government","affiliation_name":"House of Representatives","first_reference":{"timecode":"00:30:37","transcript_line_range":[4437,4461]}} - {"name":"Katie Robertson","role_title":"Legal Services Attorney","affiliation_type":"government","affiliation_name":"Office of Legal Services","first_reference":{"timecode":"01:16:03","transcript_line_range":[4563,4604]}} - {"name":"Gino Bolesale","role_title":"Legal Services","affiliation_type":"government","affiliation_name":"Office of Legal Services","first_reference":{"timecode":"01:17:33","transcript_line_range":[4653,4686]}}

Authorities: []

Proper_names: [{"name":"House Bill 1250","type":"other"},{"name":"Legal Services","type":"agency"}]

Clarifying_details: [{"category":"liability","detail":"Draft limits cause of action against chaplains for covered actions; immunity excludes malicious or willful misconduct","value":null,"approximate":false,"source_speaker":"Katie Robertson"},{"category":"scope","detail":"Chaplains to be employed or accepted as volunteers by local districts; participation by students/families is voluntary","value":null,"approximate":false,"source_speaker":"Representative Mayberry"}]

Provenance:{"transcript_segments":[{"block_id":"block_4320.11","local_start":0,"local_end":538,"evidence_excerpt":"Today, I bring you house bill 12 50, which allows local school boards and charter schools to employ or accept as a volunteer chaplains to support students, teachers, and families... Chaplains must pass background checks and follow school policies. They are not protected from liability if they act maliciously..."},{"block_id":"block_4563.945","local_start":0,"local_end":560,"evidence_excerpt":"Katie Robertson, legal services. The, bill in sub section d provides a person does not have a cause of action against the school chaplain for an action taken or statement made by the school chaplain while the school chaplain is acting in accordance with this section. And, 2 provides the immunity from a liability provided for this 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 or willfully and was deliberately intended to cause harm or harass or eliminate those seeking support services or programs in the school chaplain."}],"reason":"topicintro/topfinish"}

sections:{"lede":"House Bill 1250, which would allow local school districts and charter schools to employ or accept volunteer chaplains for support services, advanced from committee to finance on a 14–2–1 vote.","nut_graf":"Sponsors described the program as voluntary and safeguarded by background checks; legal staff said immunity language in the bill protects chaplains in most cases but does not extend that immunity to the school district.","ending":"The bill will go to the finance committee; sponsors acknowledged further review in the Senate."}