(a) As used in this section, “educator” means any person who is currently employed at any public or private elementary or secondary school in this state:
(1) As a teacher with an active teaching license; or
(2) As a school counselor.
(b) Notwithstanding any other law, a court shall not require an educator to be a witness in any civil hearing, deposition, mediation, arbitration, trial, or other similar proceeding involving a domestic dispute matter, including, but not limited to, domestic abuse, as defined by § 36-3-601, divorce, parentage, or child custody, if the educator is not a named party and the educator's attendance would require the educator to be absent from teaching, counseling, or supervisory duties in a school, unless the court determines that the educator's attendance is necessary to ensure fairness in the hearing, mediation, arbitration, trial, or other similar matter.
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