HB1647ham002 95TH GENERAL ASSEMBLY

Rep. Sandra M. Pihos

Filed: 3/21/2007

09500HB1647ham002 LRB095 07887 NHT 33754 a

AMENDMENT TO HOUSE BILL 1647

AMENDMENT NO. ______. Amend House Bill 1647, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 22-41 as follows:

(105 ILCS 5/22-41 new)

Sec. 22-41. School counseling, psychological, and social work services; confidentiality.

(a) As used in this Section, "information of a personal nature" does not include routine objective information related to academic and career counseling.

(b) 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, as defined in Section 10-22.24b of this Code, from a school counselor or school counselor intern; (ii) school psychological services, as defined in Section 14-1.09.1 of this Code, from a school psychologist or school psychologist intern; or (iii) school social work services, as defined in Section 14-1.09.2 of this Code, from a school social worker or school social worker intern is confidential.

(c) 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 a pupil who is 12 years of age or older and who is in the process of receiving (i) school counseling services, as defined in Section 10-22.24b of this Code, from a school counselor or school counselor intern; (ii) school psychological services, as defined in Section 14-1.09.1 of this Code, from a school psychologist or school psychologist intern; or (iii) school social work services, as defined in Section 14-1.09.2 of this Code, from a school social worker or school social worker intern is confidential.

(d) Information disclosed under subsection (b) or (c) of this Section 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, the school psychologist or school psychologist intern, or the school social worker or school social worker intern. The information must not be revealed, released, discussed, or referred to, except as follows:

(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, the school psychologist or school psychologist intern, or the school social worker or school social worker 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 or school counselor intern, the school psychologist or school psychologist intern, or the school social worker or school social worker intern or upon other persons in the school community, such as administrators, teachers, school staff, parents, pupils, and other school community members.

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

(e) Notwithstanding any other provision of this Section, a school counselor or school counselor intern, a school psychologist or school psychologist intern, or a school social worker or school social worker 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, the school psychologist or school psychologist intern, or the school social worker or school social worker 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.

(f) Notwithstanding any other provision of this Section, a school counselor or school counselor intern, a school psychologist or school psychologist intern, or a school social worker or school social worker 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.

(g) 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, the school psychologist or school psychologist intern, or the school social worker or school social worker intern from conferring with other school staff, as appropriate, regarding modification of the pupil's academic program.

(h) It is the intent of the General Assembly that 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.

(i) Except in cases of willful or wanton misconduct, no person required by this Section to keep information discussed confidential may incur any civil or criminal liability as a result of keeping that information confidential.

Section 90. The State Mandates Act is amended by adding Section 8.31 as follows:

(30 ILCS 805/8.31 new)

Sec. 8.31. 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 95th General Assembly.".