S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1112
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred 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.
                                                                  LBD03135-01-1
       A. 1112                             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.