HB5126 96TH GENERAL ASSEMBLY

LRB096 16347 MJR 31611 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5126

Introduced 1/29/2010, by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.24c new
30 ILCS 805/8.34 new

Amends the School Code. Provides that except as provided in specified provisions, specified information must not become part of the pupil's record without the written consent of the pupil who disclosed the confidential information to the school counselor or school counselor intern. Specifies circumstances under which information may be disclosed. Provides that a school counselor or school counselor intern may not disclose information deemed to be confidential pursuant to specified provisions to the parents of the pupil when the school counselor or school counselor intern (1) has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the pupil or (2) is ordered by a court of law to disclosure specified information. Provides that nothing in specified provisions shall be deemed to limit access to a pupil's records. Provides that it is the intent of the General Assembly that school counselors use the privilege of confidentiality to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others. Amends the State Mandates Act to require implementation without reimbursement.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT 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 10-22.24c as follows:

(105 ILCS 5/10-22.24c new)

Sec. 10-22.24c. School counseling confidentiality.

(a) Except as provided in subsection (b) of this Section, the following information must not become part of the pupil's record without the written consent of the pupil who disclosed the confidential information to the school counselor or school counselor intern:

(1) Any information that is communicated by a pupil in the process of receiving school counseling services, as defined in Section 10-22.24b of this Code, from a school counselor or a school counselor intern.

(2) Any information that is disclosed to a school counselor or a school counselor intern by a parent or guardian of a pupil who is in the process of receiving school counseling services, as defined in Section 10-22.24b of this Code, from a school counselor or a school counselor intern.

(b) The information described under subsection (a) of this Section must not be revealed, released, discussed, or referred to, except under the following circumstances:

(1) Discussion with psychotherapists, other health care providers, or the school nurse for the sole purpose of referring the pupil for treatment.

(2) Reporting of child abuse or neglect as required by law.

(3) Reporting information to the principal or parents of the pupil when the school counselor or school counselor intern has reasonable cause to believe that disclosure is necessary to avert a clear, imminent risk of serious physical or mental injury or disease or death being inflicted upon the pupil who disclosed the confidential information to the school counselor, school counselor intern, or upon other persons in or outside the school community, including, but not limited to, administrators, teachers, school staff, parents, pupils, and other community members.

(4) Reporting information to one or more persons specified in a written waiver of confidentiality after that waiver is read and signed by the pupil and preserved in the pupil's file.

(c) Notwithstanding any other provision of this Section, a school counselor or school counselor intern may not disclose information deemed to be confidential pursuant to this Section to the parents of the pupil when the school counselor or school counselor intern has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the pupil.

(d) Notwithstanding any other provision of this Section, a school counselor or school counselor intern shall disclose information deemed to be confidential pursuant to this Section to law enforcement agencies when ordered to do so by order of a court of law or when ordered to testify in an administrative or judicial proceeding by order of a court of law.

(e) Nothing in this Section shall be deemed to limit access to a pupil's records. Nothing in this Section shall be deemed to limit the school counselor or school counselor intern from conferring with other school staff, as appropriate, regarding the modification of a the pupil's academic program.

(f) It is the intent of the General Assembly that school counselors use the privilege of confidentiality under this Section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others.

Section 90. The State Mandates Act is amended by adding Section 8.34 as follows:

(30 ILCS 805/8.34 new)

Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.