S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          360
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to providing for a volun-
         tary chaplaincy program for the public schools
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 1502-b
    2  to read as follows:
    3    S  1502-B.  VOLUNTARY CHAPLAINCY PROGRAM. 1. EVERY SCHOOL DISTRICT AND
    4  EVERY  SUPERVISORY  DISTRICT  SHALL  ESTABLISH  A  VOLUNTARY  CHAPLAINCY
    5  PROGRAM  TO SERVE PUPILS AND EMPLOYEES IN ACCORDANCE WITH THE PROVISIONS
    6  OF THIS SECTION.
    7    2. EACH DISTRICT SHALL COMPILE A LIST  OF  EXPERIENCED  AND  REPUTABLE
    8  NON-SECTARIAN  CHAPLAINS  WHO  ARE  WILLING  TO  SERVE THE DISTRICT IN A
    9  CHAPLAINCY CAPACITY. CHAPLAINS WHO HAVE PREVIOUSLY SERVED  A  MUNICIPAL,
   10  STATE,  OR  FEDERAL  GOVERNMENT AGENCY OR DEPARTMENT, OR WHO HAVE SERVED
   11  THE EQUIVALENT THEREOF, WILL BE CONSIDERED REPUTABLE.   CHAPLAINS  SHALL
   12  RECEIVE NO COMPENSATION FOR THEIR SERVICES.
   13    3.  THE  SERVICES  OF SUCH CHAPLAINS SHALL BE MADE AVAILABLE TO PUPILS
   14  EIGHTEEN YEARS OF AGE OR OLDER AND TO EMPLOYEES UPON THEIR  REQUEST  AND
   15  WITHOUT CHARGE.
   16    4.  (A)  WITH RESPECT TO PUPILS UNDER EIGHTEEN YEARS OF AGE, REFERRALS
   17  OF A PUPIL TO A CHAPLAIN SHALL NOT BE MADE WITHOUT THE  CONSENT  OF  THE
   18  PUPIL'S PARENT OR GUARDIAN. REFERRALS SHALL BE MADE WITHOUT ANY CHARGE.
   19    (B) IN THE EVENT THAT PUPILS UNDER EIGHTEEN RAISE QUESTIONS OF A RELI-
   20  GIOUS  NATURE,  OR  GENERATE  OTHER CAUSE TO BELIEVE THAT A CONSULTATION
   21  WITH A CHAPLAIN MAY BE HELPFUL TO THE  PUPIL,  THE  PUPIL'S  TEACHER  OR
   22  PRINCIPAL  SHALL  GIVE  NOTICE  THEREOF TO THE PARENT OR GUARDIAN OF THE
   23  PUPIL AND SHALL INFORM SUCH PARENT OR GUARDIAN OF THE AVAILABILITY OF  A
   24  CHAPLAIN FOR A CONSULTATION WITH THE PUPIL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01469-01-5
       S. 360                              2
    1    5.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO IMPLE-
    2  MENT THE PROVISIONS OF THIS SECTION.
    3    S 2. This act shall take effect on the one hundred twentieth day after
    4  it  shall have become a law; provided that the commissioner of education
    5  is authorized to promulgate any and all rules and regulations  and  take
    6  any other measures necessary to implement this act on its effective date
    7  on or before such date.