SB 1041

This bill authorizes a local board of education and public charter school governing body to employ or accept as a volunteer a school chaplain to provide support, services, and programs for students, school staff, and students' parents. A school chaplain so employed or accepted as a volunteer is not required to be certified by the state board of education. However, such a school chaplain must undergo a criminal history records check, in the same manner as a teacher, and the same investigations required of applicants for teaching or child care positions pursuant to present law. This bill clarifies that 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 bill. However, such immunity from liabil ity 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 to harass or intimidate those seeking support, services, and progr am s from the school chaplain. As used in this bill, a "school chaplain"" means a member of the clergy who is credentialed by a religious organization to (i) function in a pluralistic environment and (ii) support, directly or indirectly, the free exercise of religion by all individuals in schools. ON FEBRUARY 4, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 1250, AS AMENDED. AMENDMENT #1 clarifies that the civil immunity provided to a school chaplain under this bill 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 i ntended to cause harm or to harass or intimidate those seeking support, services, and programs from the school chaplain."