HB5852 101ST GENERAL ASSEMBLY

LRB101 22410 CMG 73479 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5852

Introduced 11/10/2020, by Rep. Deb Conroy - Emanuel Chris Welch - Jay Hoffman

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-90 new

Amends the School Code to create the Mental Health Task Force for Communication, Intelligence, Empathy, Emotion, and Empowerment. Provides that the purpose of the task force is to explore and determine a method and program for all students in primary and secondary school to receive mandated mental health care. Sets forth the membership of the task force. Contains provisions concerning the intent of the program, the goals of mandated health care, and task force meetings, duties, and reporting. Repeals these provisions on January 1, 2023. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 22-90 as follows:

(105 ILCS 5/22-90 new)

Sec. 22-90. Mental Health Task Force for Communication, Intelligence, Empathy, Emotion, and Empowerment.

(a) The General Assembly makes all of the following findings:

(1) Mental health is not specific to any faith, color, community, gender, or socioeconomic standard. It applies to everyone. It impacts everyone. Access and availability to mental health services is a human right. A right that should be available to all people. The removal of the stigma that society has historically placed upon those seeking to obtain mental health services begins with education and accessibility to mental health services for all persons. Removing the stigma of mental health care could be one of the greatest gifts that our State can give to our children and to our society and a standard that other states should follow.

(2) The State of Illinois has a social and ethical responsibility to help guide Illinois youth by providing necessary resources for mental health care. Providing resources for students to learn how to effectively articulate their thoughts and feelings and to become emotionally responsible shall provide the tools and skill sets needed to succeed professionally and personally throughout the course of a lifetime.

(3) Our system is broken. We can no longer ask or expect our schools and educators to fill the much-needed gaps in mental health development, including social and personal growth. Additional resources are necessary to address and resolve significant social problems and issues that include, but are not limited to, mass shootings, racism, cyber-bullying, special needs, adaptation to emerging technologies, the unknown long-term consequences of the use of those technologies, a global pandemic, human trafficking, and unspeakable trauma and abuse.

(b) The Mental Health Task Force for Communication, Intelligence, Empathy, Emotion, and Empowerment is created as a proactive and preventative approach to protect and empower our State and nation.

(c) The primary purpose of this task force is to explore and determine a method and program for all students in primary and secondary school to receive mandated mental health care.

The overarching intent of the program is to provide open access to mental health care for everyone, but the program shall begin with students enrolled in grades kindergarten through 12. The goals of mandated health care are to:

(1) create empathy in students for other students whose needs may differ from their own;

(2) teach emotional responsibility and empowerment;

(3) remove the stigma of seeing a mental health provider through exposure and education;

(4) normalize counseling by also approaching it as a sort of life-coaching application to which all students should have access;

(5) teach and develop interest in the field of mental health so that our youth will have a solid and applicable approach as needs change with evolving emerging technologies;

(6) ensure that the science of psychology evolves with advancements in technology by normalizing mental health care and incorporating it into the daily lives of future mental health care providers;

(7) determine a method for the collection of data for evaluating the needs, progress, and successes of the program that does not reveal or expose student identities;

(8) determine data markers that may be delineated geographically for the purpose of future funding and the allocation of resources, with the resources required to collect, store, and administer the data being reported in the findings submitted by the task force under subsection (i); and

(9) establish consistent and clear procedures among State and local agencies concerning the manner in which the mental health records of students are legally collected, stored, sealed, and expunged under the program.

(d) Members of this task force shall represent the magnitude and importance of mandated mental health care for students. This task force shall include all of the following members:

(1) Six professional mental health providers holding current and good standing licensure in the State of Illinois that has never been suspended or revoked as follows:

(A) Four professional clinical psychologists licensed under the Clinical Psychologist Licensing Act as follows:

(i) One clinical psychologist appointed by the Governor.

(ii) One prescribing psychologist appointed by the Governor.

(iii) One clinical psychologist appointed by the Lieutenant Governor.

(iv) One prescribing psychologist appointed by the Lieutenant Governor.

(B) Two professional clinical social workers licensed under the Clinical Social Work and Social Work Practice Act as follows:

(i) One clinical social worker appointed by the Governor.

(ii) One clinical social worker appointed by the Lieutenant Governor.

(2) One full-time school nurse or one nurse who is a member of the United States Congress licensed under the Nurse Practice Act and holding current and good standing licensure in the State of Illinois that has never been suspended or revoked, appointed by the Lieutenant Governor.

(3) Six members of the General Assembly as follows:

(A) Two members of the General Assembly who are appointed by the Speaker of the House of Representatives.

(B) Two members of the General Assembly who are appointed by the President of the Senate.

(C) One member of the General Assembly who is appointed by the Minority Leader of the House of Representatives.

(D) One member of the General Assembly who is appointed by the Minority Leader of the Senate.

(4) Four school board members who are appointed by the Illinois Association of School Boards as follows:

(A) One member of the Chicago Board of Education.

(B) One school board member of a school district other than City of Chicago School District 299 that is located north of Interstate 80.

(C) One school board member of a school district located south of Interstate 80 and north of Interstate 72.

(D) One school board member of a school district located south of Interstate 72.

(5) Three full-time principals appointed by the State Board of Education as follows:

(A) One full-time principal of a primary school.

(B) One full-time principal of a secondary school.

(C) One full-time principal of a special education school.

(6) Three full-time teachers appointed by the State Board of Education as follows:

(A) One full-time teacher of a primary school.

(B) One full-time teacher of a secondary school.

(C) One full-time special education teacher.

(7) Three parents who have children currently enrolled in a primary or secondary school and who are appointed by the State Board of Education as follows:

(A) One parent who has a child enrolled in a public school.

(B) One parent who has a child enrolled in a nonpublic school.

(C) One parent who has a child with special needs enrolled in a public or nonpublic school.

(8) One member who represents the emerging technological industry, preferably with a strong presence in science, technology, engineering, arts, and mathematics (STEAM) programs and who is appointed by the Governor.

(9) Two student representatives as follows:

(A) One high school student who, for the duration of the task force, is in attendance at a high school located north of Interstate 80 and who is appointed by the Governor.

(B) One high school student who, for the duration of the task force, is in attendance at a high school located south of Interstate 80 and who is appointed by the Lieutenant Governor.

(10) To assist the task force in establishing best practices for the protection of the privacy, confidentiality, and identity of students who participate in the program, 4 licensed attorneys who are authorized to practice law in this State and who have never been suspended or disbarred from practicing law as follows:

(A) One attorney who specializes in juvenile law and who is appointed by the Attorney General.

(B) One attorney who specializes in juvenile justice and who is appointed by the Director of Juvenile Justice.

(C) One attorney who specializes in criminal law and supports criminal justice reform and who is appointed by the Director of Corrections.

(D) One attorney who specializes in criminal law or juvenile law and supports juvenile justice reform and who is appointed by the Director of the Illinois State Police.

(11) One member who represents a youth camp located within this State and who is appointed by the American Camp Association.

(e) The task force shall meet initially at the call of the State Board of Education within 45 days after the effective date of this amendatory Act of the 101st General Assembly and shall thereafter meet at the call of the State Board of Education. At its initial meeting, the task force shall elect a chairperson or chairpersons and any other officers it deems appropriate from among its members and shall establish and approve a meeting schedule under the advisement of the State Board of Education. The task force shall meet by videoconference, teleconference, or any other method determined to be an efficient use of State resources by the State Board of Education.

(f) Members of the task force shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, including travel, subject to the rules of the appropriate travel control board.

(g) The task force shall receive administrative and other support from the State Board of Education. Additionally, the Department of Innovation and Technology may provide technical advice and guidance to the task force on the collection of data.

(h) The task force shall determine the feasibility and funding of and the best course of action to implement the program. This course of action shall include the type of provider and the frequency of seeing the provider. The course of action may include pilot programs throughout this State, including pilot programs that use and provide access to telehealth services as described under the Telehealth Act.

(i) The task force shall submit a report of its findings to the Governor and the General Assembly on or before December 31, 2021. Once the task force has submitted its report and a positive course of action is set in place, all of the following shall apply:

(1) A parent or guardian of a student has the option to exclude the student from the program.

(2) Mental health records may not become a part of the student's school record.

(3) Safety standards in mental health and child care reporting shall remain in place.

(j) The task force is dissolved upon submission of its report under subsection (i).

(k) This Section is repealed on January 1, 2023.

Section 99. Effective date. This Act takes effect upon becoming law.