Rep. Sandra M. Pihos
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 1647
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2 | AMENDMENT NO. ______. Amend House Bill 1647, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by adding Section | ||||||
6 | 22-41 as follows: | ||||||
7 | (105 ILCS 5/22-41 new) | ||||||
8 | Sec. 22-41. School counseling, psychological, and social | ||||||
9 | work services; confidentiality. | ||||||
10 | (a) As used in this Section, "information of a personal | ||||||
11 | nature" does not include routine objective information related | ||||||
12 | to academic and career counseling. | ||||||
13 | (b) Any information of a personal nature disclosed by a | ||||||
14 | pupil 12 years of age or older in the process of receiving (i) | ||||||
15 | school counseling services, as defined in Section 10-22.24b of | ||||||
16 | this Code, from a school counselor or school counselor intern; |
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1 | (ii) school psychological services, as defined in Section | ||||||
2 | 14-1.09.1 of this Code, from a school psychologist or school | ||||||
3 | psychologist intern; or (iii) school social work services, as | ||||||
4 | defined in Section 14-1.09.2 of this Code, from a school social | ||||||
5 | worker or school social worker intern is confidential. | ||||||
6 | (c) Any information of a personal nature disclosed to a | ||||||
7 | school counselor or school counselor intern, a school | ||||||
8 | psychologist or school psychologist intern, or a school social | ||||||
9 | worker or school social worker intern by a parent or guardian | ||||||
10 | of a pupil who is 12 years of age or older and who is in the | ||||||
11 | process of receiving (i) school counseling services, as defined | ||||||
12 | in Section 10-22.24b of this Code, from a school counselor or | ||||||
13 | school counselor intern; (ii) school psychological services, | ||||||
14 | as defined in Section 14-1.09.1 of this Code, from a school | ||||||
15 | psychologist or school psychologist intern; or (iii) school | ||||||
16 | social work services, as defined in Section 14-1.09.2 of this | ||||||
17 | Code, from a school social worker or school social worker | ||||||
18 | intern is confidential. | ||||||
19 | (d) Information disclosed under subsection (b) or (c) of | ||||||
20 | this Section must not become part of the pupil's record without | ||||||
21 | the written consent of the pupil who disclosed the confidential | ||||||
22 | information to the school counselor or school counselor intern, | ||||||
23 | the school psychologist or school psychologist intern, or the | ||||||
24 | school social worker or school social worker intern. The | ||||||
25 | information must not be revealed, released, discussed, or | ||||||
26 | referred to, except as follows:
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1 | (1) Discussion with psychotherapists, other health | ||||||
2 | care providers, or the school nurse, for the sole purpose | ||||||
3 | of referring the pupil for treatment. | ||||||
4 | (2) Reporting of child abuse or neglect as required by | ||||||
5 | law. | ||||||
6 | (3) Reporting information to the principal or parents | ||||||
7 | of the pupil when the school counselor or school counselor | ||||||
8 | intern, the school psychologist or school psychologist | ||||||
9 | intern, or the school social worker or school social worker | ||||||
10 | intern has reasonable cause to believe that disclosure is | ||||||
11 | necessary to avert a clear, imminent risk of serious | ||||||
12 | physical or mental injury or disease or death being | ||||||
13 | inflicted upon the pupil who disclosed the confidential | ||||||
14 | information to the school counselor or school counselor | ||||||
15 | intern, the school psychologist or school psychologist | ||||||
16 | intern, or the school social worker or school social worker | ||||||
17 | intern or upon other persons in the school community, such | ||||||
18 | as administrators, teachers, school staff, parents, | ||||||
19 | pupils, and other school community members. | ||||||
20 | (4) Reporting information to one or more persons | ||||||
21 | specified in a written waiver of confidentiality, after | ||||||
22 | this written waiver is read and signed by the pupil and | ||||||
23 | preserved in the pupil's file. | ||||||
24 | (e) Notwithstanding any other provision of this Section, a | ||||||
25 | school counselor or school counselor intern, a school | ||||||
26 | psychologist or school psychologist intern, or a school social |
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1 | worker or school social worker intern may not disclose | ||||||
2 | information deemed to be confidential pursuant to this Section | ||||||
3 | to the parents of the pupil when the school counselor or school | ||||||
4 | counselor intern, the school psychologist or school | ||||||
5 | psychologist intern, or the school social worker or school | ||||||
6 | social worker intern has reasonable cause to believe that the | ||||||
7 | disclosure would result in a clear and present danger to the | ||||||
8 | health, safety, or welfare of the pupil. | ||||||
9 | (f) Notwithstanding any other provision of this Section, a | ||||||
10 | school counselor or school counselor intern, a school | ||||||
11 | psychologist or school psychologist intern, or a school social | ||||||
12 | worker or school social worker intern shall disclose | ||||||
13 | information deemed to be confidential pursuant to this Section | ||||||
14 | to law enforcement agencies when ordered to do so by order of a | ||||||
15 | court of law or when ordered to testify in an administrative or | ||||||
16 | judicial proceeding by order of a court of law. | ||||||
17 | (g) Nothing in this Section shall be deemed to limit access | ||||||
18 | to a pupil's records. Nothing in this Section shall be deemed | ||||||
19 | to limit the school counselor or school counselor intern, the | ||||||
20 | school psychologist or school psychologist intern, or the | ||||||
21 | school social worker or school social worker intern from | ||||||
22 | conferring with other school staff, as appropriate, regarding | ||||||
23 | modification of the pupil's academic program. | ||||||
24 | (h) It is the intent of the General Assembly that | ||||||
25 | counselors use the privilege of confidentiality under this | ||||||
26 | Section to assist the pupil whenever possible to communicate |
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1 | more effectively with parents, school staff, and others. | ||||||
2 | (i) Except in cases of willful or wanton misconduct, no | ||||||
3 | person required by this Section to keep information discussed | ||||||
4 | confidential may incur any civil or criminal liability as a | ||||||
5 | result of keeping that information confidential.
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6 | Section 90. The State Mandates Act is amended by adding | ||||||
7 | Section 8.31 as follows: | ||||||
8 | (30 ILCS 805/8.31 new) | ||||||
9 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
10 | of this Act, no reimbursement by the State is required for the | ||||||
11 | implementation of any mandate created by this amendatory Act of | ||||||
12 | the 95th General Assembly. ".
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