|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The School Code is amended by adding Section | ||||||
5 | 22-60 as follows: | ||||||
6 | (105 ILCS 5/22-60 new) | ||||||
7 | Sec. 22-60. Student services personnel; confidentiality. | ||||||
8 | (a) In this Section, "confidential communication" means | ||||||
9 | any communication made by a student who is a recipient of | ||||||
10 | school counseling, school psychological, or school social work | ||||||
11 | services, including services provided by a school counselor | ||||||
12 | intern working under the supervision of a school counselor, a | ||||||
13 | school psychologist intern working under the supervision of a | ||||||
14 | school psychologist, or a school social worker intern working | ||||||
15 | under the supervision of a school social worker. "Confidential | ||||||
16 | communication" includes the fact that a student is a recipient | ||||||
17 | of school counseling, school psychological, or school social | ||||||
18 | work services. "Confidential communication" does not include | ||||||
19 | (i) academic or career counseling information that is available | ||||||
20 | to the general public or (ii) in the case of a student with an | ||||||
21 | individualized education program (IEP) or a Section 504 plan | ||||||
22 | (under the federal Rehabilitation Act of 1973), general | ||||||
23 | information about a student's progress on IEP or Section 504 |
| |||||||
| |||||||
1 | plan goals and benchmarks shared with the school district's IEP | ||||||
2 | or Section 504 plan team or individual members of the IEP or | ||||||
3 | Section 504 team for the purpose of developing or revising | ||||||
4 | goals and benchmarks. | ||||||
5 | (b) With the exception of information described in | ||||||
6 | subsection (c) of this Section, any confidential communication | ||||||
7 | disclosed by a student to a school counselor, school | ||||||
8 | psychologist, or school social worker or to a school counselor | ||||||
9 | intern working under the supervision of a school counselor, a | ||||||
10 | school psychologist intern working under the supervision of a | ||||||
11 | school psychologist, or a school social worker intern working | ||||||
12 | under the supervision of a school social worker may be | ||||||
13 | disclosed only upon the execution of a written consent to the | ||||||
14 | release of information that conforms with the requirements of | ||||||
15 | the Mental Health and Developmental Disabilities | ||||||
16 | Confidentiality Act and any other statute governing the release | ||||||
17 | of confidential information applicable to the specific type of | ||||||
18 | information for which disclosure is sought. | ||||||
19 | (c) Communications that would otherwise be confidential | ||||||
20 | communications must be disclosed as follows: | ||||||
21 | (1) When there is reasonable cause to believe that | ||||||
22 | failure to disclose confidential information would result | ||||||
23 | in a clear and present danger to the health, safety, or | ||||||
24 | welfare of the student or others. | ||||||
25 | (2) When disclosure is required by law. | ||||||
26 | (3) When disclosure is required by currently adopted |
| |||||||
| |||||||
1 | standards of professional conduct and codes of ethics | ||||||
2 | applicable respectively to school counselors, school | ||||||
3 | psychologists, and school social workers. | ||||||
4 | (d) Access to student records is governed by the Illinois | ||||||
5 | School Student Records Act. | ||||||
6 | (e) Nothing in this Section shall be construed to limit the | ||||||
7 | school counselor or school counselor intern, the school | ||||||
8 | psychologist or school psychologist intern, or the school | ||||||
9 | social worker or school social worker intern from conferring | ||||||
10 | with other school staff, as appropriate, regarding | ||||||
11 | modification of the student's academic program. | ||||||
12 | Section 90. The State Mandates Act is amended by adding | ||||||
13 | Section 8.34 as follows: | ||||||
14 | (30 ILCS 805/8.34 new) | ||||||
15 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
16 | of this Act, no reimbursement by the State is required for the | ||||||
17 | implementation of any mandate created by this amendatory Act of | ||||||
18 | the 96th General Assembly.
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|