HB0326 96TH GENERAL ASSEMBLY

LRB096 04263 NHT 14309 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0326

Introduced 1/27/2009, by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-50 new
30 ILCS 805/8.33 new

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 school counseling services from a school counselor or school counselor intern is confidential, and provides that any information of a personal nature disclosed to a school counselor or school counselor 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 pupil who disclosed the confidential information. Provides that the information must not be revealed, released, discussed, or referred to, with exceptions. Provides that except in cases of willful or wanton misconduct, 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.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 22-50 as follows:

(105 ILCS 5/22-50 new)

Sec. 22-50. School counseling 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 school counseling services, as defined in Section 10-22.24b of this Code, from a school counselor or school counselor intern is confidential.

(c) Any information of a personal nature disclosed to a school counselor or school counselor 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 school counseling services, as defined in Section 10-22.24b of this Code, from a school counselor or school counselor 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 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 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 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 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.

(f) 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.

(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 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 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. 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.