HB5126sam001 96TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/15/2010

09600HB5126sam001 LRB096 16347 NHT 40081 a

AMENDMENT TO HOUSE BILL 5126

AMENDMENT NO. ______. Amend House Bill 5126 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 22-60 as follows:

(105 ILCS 5/22-60 new)

Sec. 22-60. Student services personnel; confidentiality.

(a) In this Section, "confidential communication" means any communication made by a student who is a recipient of school counseling, school psychological, or school social work services, including services provided by a school counselor intern working under the supervision of a school counselor, a school psychologist intern working under the supervision of a school psychologist, or a school social worker intern working under the supervision of a school social worker. "Confidential communication" includes the fact that a student is a recipient of school counseling, school psychological, or school social work services. "Confidential communication" does not include academic or career counseling information that is available to the general public.

(b) With the exception of information described in subsection (c) of this Section, any confidential communication disclosed by a student to a school counselor, school psychologist, or school social worker or to a school counselor intern working under the direct supervision of a school counselor, a school psychologist intern working under the direct supervision of a school psychologist, or a school social worker intern working under the direct supervision of a school social worker may be disclosed only upon the execution of a written consent to the release of information that conforms with the requirements of the Mental Health and Developmental Disabilities Confidentiality Act and any other statute governing the release of confidential information applicable to the specific type of information for which disclosure is sought.

(c) Disclosure of confidential communications is permissible as follows:

(1) When, in the sole discretion of the school counselor, school psychologist, or school social worker, disclosure is necessary to prevent serious, foreseeable, and imminent harm to the student who is the recipient of school counseling, school psychological, or school social work services or other identifiable person or persons; however, in such circumstances disclosure must be made only to the extent necessary to achieve the desired purpose of preventing harm to the recipient or other person or persons.

(2) When disclosure is required by law.

(3) When disclosure is required by currently adopted standards of professional conduct and codes of ethics applicable respectively to school counselors, school psychologists, and school social workers.

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