HB5126ham001 96TH GENERAL ASSEMBLY

Rep. Sandra M. Pihos

Filed: 3/23/2010

09600HB5126ham001 LRB096 16347 NHT 39389 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 (i) academic or career counseling information that is available to the general public or (ii) in the case of a student with an individualized education program (IEP) or a Section 504 plan (under the federal Rehabilitation Act of 1973), general information about a student's progress on IEP or Section 504 plan goals and benchmarks shared with the school district's IEP or Section 504 plan team or individual members of the IEP or Section 504 team for the purpose of developing or revising goals and benchmarks.

(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 supervision of a school counselor, a school psychologist intern working under the supervision of a school psychologist, or a school social work intern working under the 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) Communications that would otherwise be confidential communications must be disclosed as follows:

(1) When there is reasonable cause to believe that failure to disclose confidential information would result in a clear and present danger to the health, safety, or welfare of the student or others.

(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.

(d) Access to student records is governed by the Illinois School Student Records Act.

(e) Nothing in this Section shall be construed 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 student's academic program.

Section 90. The State Mandates Act is amended by adding Section 8.34 as follows:

(30 ILCS 805/8.34 new)

Sec. 8.34. 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.

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