Bill Status of HB 1647   95th General Assembly

Short Description:  SCH CD-CONFIDENTIALITY-COUNSEL

House Sponsors
Rep. Sandra M. Pihos-Linda Chapa LaVia-Robert W. Pritchard-Jerry L. Mitchell-Elizabeth Coulson, Renée Kosel and Kathleen A. Ryg

Senate Sponsors
(Sen. Dan Cronin and William Delgado-Edward D. Maloney)


Last Action  View All Actions

DateChamber Action
  9/10/2007HousePublic Act . . . . . . . . . 95-0592

Statutes Amended In Order of Appearance
105 ILCS 5/22-41 new
30 ILCS 805/8.31 new

Synopsis As Introduced
Amends the School Code. Provides that any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving (i) school counseling services from a school counselor or school counselor intern, (ii) school psychological services from a school psychologist or school psychologist intern, or (iii) school social work services from a school social worker or school social worker intern is confidential, and provides that any information of a personal nature disclosed to a school counselor or school counselor intern, a school psychologist or school psychologist intern, or a school social worker or school social worker intern by a parent or guardian of such a pupil is confidential. Provides that the information must not become part of the pupil's record without the written consent of the person who disclosed the confidential information. Provides that the information must not be revealed, released, discussed, or referred to, with exceptions. Provides that no person required to keep the information confidential may incur any civil or criminal liability as a result of keeping that information confidential. Amends the State Mandates Act to require implementation without reimbursement.

House Amendment No. 1
Provides that the provision granting civil and criminal immunity to persons required to keep information discussed confidential does not include cases of willful or wanton misconduct.

House Amendment No. 2
Deletes everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 1, with the following changes. Provides that disclosed information must not become part of the pupil's record without the written consent of the pupil (instead of the person) who disclosed the confidential information. Makes changes to the exceptions to the disclosure of information, including the reporting of child abuse or neglect, reporting information to the principal, parents of the pupil, and others under certain circumstances, and disclosure to law enforcement agencies or when ordered to testify.

Senate Committee Amendment No. 1
Deletes reference to:
105 ILCS 5/22-41 new
Adds reference to:
105 ILCS 10/2from Ch. 122, par. 50-2
105 ILCS 10/5from Ch. 122, par. 50-5
105 ILCS 10/5.5 new

Deletes everything after the enacting clause. Amends the Illinois School Student Records Act. Provides that a confidential communication made by a student 12 years of age or older or by a parent or a guardian of a student who is 12 years of age or older must not be disclosed without the voluntary written consent of the person who originally disclosed the information. Provides that a confidential communication made by a student under the age of 12 years may be disclosed to the parent or guardian of the student. Sets forth requirements concerning the consent. Provides that a confidential communication must not become part of the school student record without express written consent. Sets forth the circumstances under which a confidential communication may be disclosed without voluntary written consent. Provides that any person participating in good faith in the making of a report under the Abused and Neglected Child Reporting Act or in the disclosure of information contained in a confidential communication under the Illinois School Student Records Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such action, except in cases of willful or wanton misconduct. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement.

Senate Floor Amendment No. 3
Deletes reference to:
105 ILCS 10/2
105 ILCS 10/5
105 ILCS 10/5.5 new
30 ILCS 805/8.31 new
Adds reference to:
105 ILCS 5/21-25from Ch. 122, par. 21-25

Deletes everything after the enacting clause. Amends the School Code. Provides that school service personnel certificates are renewable every 5 years. Sets forth the requirements and procedures for renewal, including requiring the completion of at least 80 hours of continuing professional development (with exceptions). Effective July 1, 2008.

Actions 
DateChamber Action
  2/22/2007HouseFiled with the Clerk by Rep. Sandra M. Pihos
  2/22/2007HouseFirst Reading
  2/22/2007HouseReferred to Rules Committee
  2/27/2007HouseAssigned to Elementary & Secondary Education Committee
  3/14/2007HouseHouse Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee
  3/14/2007HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  3/14/2007HouseAdded Chief Co-Sponsor Rep. Robert W. Pritchard
  3/14/2007HouseAdded Chief Co-Sponsor Rep. Jerry L. Mitchell
  3/14/2007HouseHouse Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
  3/14/2007HouseDo Pass as Amended / Short Debate Elementary & Secondary Education Committee; 016-000-001
  3/14/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Sandra M. Pihos
  3/21/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  3/27/2007HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/17/2007HouseSecond Reading - Short Debate
  4/17/2007HouseHouse Amendment No. 2 Adopted by Voice Vote
  4/17/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2007HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  4/19/2007HouseThird Reading - Short Debate - Passed 116-000-000
  4/19/2007HouseAdded Co-Sponsor Rep. Renée Kosel
  4/19/2007HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  4/20/2007SenateArrive in Senate
  4/20/2007SenatePlaced on Calendar Order of First Reading
  4/20/2007SenateChief Senate Sponsor Sen. Dan Cronin
  4/20/2007SenateFirst Reading
  4/20/2007SenateReferred to Rules
  5/3/2007SenateAssigned to Education
  5/9/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Cronin
  5/9/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  5/9/2007SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Dan Cronin
  5/9/2007SenateSenate Committee Amendment No. 2 Referred to Rules
  5/9/2007SenateSenate Committee Amendment No. 1 Rules Refers to Education
  5/9/2007SenateSenate Committee Amendment No. 1 Adopted
  5/10/2007SenateDo Pass as Amended Education; 007-000-000
  5/10/2007SenatePlaced on Calendar Order of 2nd Reading May 15, 2007
  5/15/2007SenateSecond Reading
  5/15/2007SenatePlaced on Calendar Order of 3rd Reading May 16, 2007
  5/23/2007SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/23/2007SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Dan Cronin
  5/23/2007SenateSenate Floor Amendment No. 3 Referred to Rules
  5/24/2007SenateSenate Floor Amendment No. 3 Rules Refers to Education
  5/25/2007SenateSenate Floor Amendment No. 3 Recommend Do Adopt Education; 006-000-000
  5/25/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  5/30/2007SenateRecalled to Second Reading
  5/30/2007SenateSenate Floor Amendment No. 3 Adopted; Cronin
  5/30/2007SenatePlaced on Calendar Order of 3rd Reading
  5/30/2007SenateAdded as Alternate Chief Co-Sponsor Sen. Edward D. Maloney
  5/30/2007SenateThird Reading - Passed; 059-000-000
  5/30/2007SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/30/2007HouseArrived in House
  5/30/2007HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,3
  5/30/2007HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Sandra M. Pihos
  5/30/2007HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Sandra M. Pihos
  5/30/2007HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2007HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/31/2007HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-000-000
  5/31/2007HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Rules Committee; 003-000-000
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007
  6/13/2007HouseSenate Committee Amendment No. 1 House Concurs 102-000-000
  6/13/2007HouseSenate Floor Amendment No. 3 House Concurs 102-000-000
  6/13/2007HousePassed Both Houses
  7/12/2007HouseSent to the Governor
  9/10/2007HouseGovernor Approved
  9/10/2007HouseEffective Date July 1, 2008
  9/10/2007HousePublic Act . . . . . . . . . 95-0592

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