South Carolina S 122: School Chaplains

Status: Referred to Committee on Education (as of 2025-01-14)

State: South Carolina · Session: 2025-2026 · Bill: S 122

Sponsors: Garrett

Bill Text

2025-2026 Bill 122 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 122

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
5 TO CHAPTER 10, TITLE 59, SO AS TO CREATE THE SCHOOL CHAPLAIN PROGRAM 
AVAILABLE TO EACH SCHOOL DISTRICT AND CHARTER SCHOOL, TO PROVIDE FOR THE 
PARAMETERS OF THE PROGRAM, AND TO PROVIDE FOR THE QUALIFICATIONS OF SCHOOL 
CHAPLAINS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 10, Title 59 of the S.C. Code is amended by 
adding:

Article 5

School Chaplain Program

 Section 
59-10-500. (A)Each school district 
and each charter school may employ or accept as a volunteer a chaplain to 
provide school district- or charter school-approved support, services, and 
programs for students. A chaplain employed or volunteering pursuant to this 
article does not have to be a certified teacher in this State.

 (B) A 
chaplain must be a person who obtains an ecclesiastical endorsement from his 
faith group certifying that the chaplain is:

 (1) 
a minister, rabbi, priest, imam, lay leader, or similar functionary of the 
faith group;

 (2) 
qualified spiritually, morally, intellectually and emotionally; and

 (3) 
sensitive to religious pluralism and able to provide for the free exercise of 
religion.

 (C) A 
person may not be hired or allowed to volunteer as a chaplain if that person is 
required to register or is registered with the National Crime Center National 
Sex Offender Registry, the state sex offender registry pursuant to Section 
23-3-430, or the Central Registry of Child Abuse and Neglect or has been 
convicted of:

 (1) 
a crime listed in Chapter 3, Title 16, Offenses Against the Person;

 (2) 
a crime listed in Chapter 15, Title 16, Offenses Against Morality and Decency;

 (3) 
a crime contributing to the delinquency of a minor, contained in Section 
16-17-490;

 (4) 
unlawful conduct toward a child, as provided in Section 63-5-70;

 (5) 
cruelty to children, as provided for in Section 63-5-80; or

 (6) 
child endangerment, as provided for in Section 56-5-2947.

 Section 
59-10-510. (A) A chaplain's primary 
responsibility is to be present and available for any student who may seek the 
chaplain's help or care.

 (B) A 
chaplain will be a visible, integral member of the assigned school. The 
chaplain will support the school's students and student groups at the student's 
or student group's request. The chaplain will work to develop positive, 
supportive relationships based on compassion and mutual respect with students 
and student groups who choose to access the chaplain's services or programs.

 (C) A 
chaplain will be present and visible both in the various activities in which 
students participate during the school day and the areas of school at which 
students are found. A chaplain may refer students to other resources or 
personnel the school provides that might assist the students in any given 
situation.

 Section 
59-10-520. (A) A chaplain has no 
disciplinary authority over students or student groups.

 (B) A 
chaplain shall not proselytize or disparage any religion, belief, lack of 
belief or faith group. A chaplain's provision of care, help, or counsel 
consistent with his beliefs or convictions to students who seek such care, 
help, or counsel is not in and of itself proselytization or disparagement.

 Section 
59-10-530. Suitable office space shall be provided to the chaplain that is 
accessible by all students and allows for confidential interactions with 
students.

 Section 
59-10-540. Each school or charter school where a chaplain is employed or where 
a chaplain is permitted to volunteer must notify students of the chaplain's 
presence at the school, the location of the chaplain's office, the services or 
programs the chaplain offers, the student's opportunity to seek the chaplain's 
help or care, and that accessing the chaplain's services or programs or seeking 
his help or care is done on a strictly voluntary basis.

SECTION 2. The 
provisions contained in Section 59-10-370 do not apply to Article 5, Chapter 10 
of Title 59, as added by this act.

SECTION 3. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly hereby declaring that it would have passed this act, and 
each and every section, subsection, paragraph, subparagraph, sentence, clause, 
phrase, and word thereof, irrespective of the fact that any one or more other 
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, 
or words hereof may be declared to be

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