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SB 1041

Teachers, Principals and School Personnel - As introduced, 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. - Amends TCA Title 49.

114th Regular Session (2025-2026) Introduced by Mark Pody

Local boards and charter school bodies may hire or accept volunteer school chaplains to provide support services, with background checks, limited immunity, and possible reimburseme

Assigned to General Subcommittee of Senate Education Committee
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Bill Summary · SB 1041

Summary of SB 1041 (Session 114) – Tennessee

Title

Teachers, Principals and School Personnel – As introduced, 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. Amends TCA Title 49.

Purpose and Intent

  • Allow local boards of education and public charter school governing bodies to hire or accept volunteer school chaplains.
  • Provide supportive services, programs, and resources to students, school staff, and students' parents.
  • Clarify that a school chaplain is not required to be certified by the State Board of Education.

Key Provisions

  1. Authority to Employ or Accept Volunteers

    • Local boards of education and public charter school governing bodies may employ or accept as a volunteer a school chaplain.

  2. Certification Requirement

    • A school chaplain is not required to be certified by the State Board of Education.

  3. Background and Security Checks

    • Any school chaplain (employed or volunteer) must undergo:
      • A criminal history record check as required by Tenn. Code Ann. § 49-5-406.
      • A background investigation as per Tenn. Code Ann. § 49-5-413.
    • The background investigation is to be conducted by the Tennessee Bureau of Investigation (TBI).
    • Assumption: Costs of the background check and investigation are borne by the individual seeking to volunteer as a chaplain.

  4. Immunity and Legal Protections

    • A person does not have a cause of action against a school chaplain for actions taken or statements made by the chaplain while acting in the chaplain capacity.
    • The bill specifies limited immunity protections for school chaplains.

  5. Liability and Immunity Details

    • Limited immunity provisions are defined to protect chaplains in their official capacity while performing duties.

  6. Reimbursement Possibility for Investigative Costs

    • Pursuant to Tenn. Code Ann. § 49-5-413(c), a local board of education may reimburse an applicant for the costs of the investigation if the applicant accepts a position requiring proximity to school children.

Fiscal Impact

  • Local Expenditures: If a district employs a school chaplain, there could be a permissive (non-mandatory) increase in local expenditures. The exact amount and timing are uncertain.
  • Background/Investigation Costs: The cost of criminal history checks and background investigations is assumed to be borne by the individual volunteer; any TBI costs would be offset by equivalent revenue, resulting in a not-significant net state fiscal impact.
  • Reimbursement: If a district reimburses investigation costs, there would be additional local expenditures, but the bill notes multiple unknown factors (salary, benefits, reimbursement costs) that make precise budgeting difficult.
  • State Impact: Extending limited liability immunity to school chaplains is not expected to have a significant fiscal impact on state or local government.

Affected Parties

  • Local boards of education (districts) and public charter school governing bodies.
  • Individuals seeking to serve as school chaplains (employed or volunteer).
  • School communities: students, school staff, and students’ parents, who may access chaplain services.

Procedural and Timeline Aspects

  • The bill has undergone committee consideration and amendments (notably an amendment to adjust a statutory phrase in the related text, changing “maliciously, willfully, and” to “maliciously or willfully and” in a related subdivision).
  • Action history shows multiple committee hearings and amendments:
    • Introduced and passed first and second readings in the 2025 session, then referred to Senate Education Committee.
    • Subsequent scheduling and deferments leading to action in 2026.
  • Notable sponsor: Co-sponsor Mark Pody.

Notes

  • The accompanying fiscal notes emphasize that the actual fiscal impact depends on local implementation decisions (whether districts hire chaplains, the number of chaplains, and the costs of reimbursements and background checks).
  • The bill includes explicit mechanisms to protect chaplains from certain civil liabilities and outlines the scope of immunity to limit exposure to the district and the chaplain in performing chaplain duties.

If you’d like, I can tailor this summary for a particular audience (e.g., school boards, parents, policymakers) or provide a side-by-side comparison with current law.

Compiled from official sources — confirm details with the bill’s official record.

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