Sen. David Koehler
Filed: 4/15/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5126 




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




 
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    "Section 5. The School Code is amended  by adding Section 
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22-60 as follows:
 
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    (105 ILCS 5/22-60 new)
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    Sec. 22-60. Student services personnel; confidentiality.
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    (a) In this Section, "confidential communication" means 
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any communication made by a student who is a recipient of 
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school counseling, school psychological, or school social work 
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services, including services provided by a school counselor 
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intern working under the supervision of a school counselor, a 
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school psychologist intern working under the supervision of a 
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school psychologist, or a school social worker intern working 
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under the supervision of a school social worker. "Confidential 
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communication" includes the fact that a student is a recipient 
 


 






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of school counseling, school psychological, or school social 
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work services.  "Confidential communication" does not include 
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academic or career counseling information that is available to 
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the general public.
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    (b) With the exception of information described in 
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subsection (c) of this Section, any confidential communication 
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disclosed by a student to a school counselor, school 
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psychologist, or school social worker or to a school counselor 
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intern working under the direct supervision of a school 
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counselor, a school psychologist intern working under the 
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direct supervision of a school psychologist, or a school social 
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worker intern working under the direct supervision of a school 
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social worker may be disclosed only upon the execution of a 
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written consent to the release of information that conforms 
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with the requirements of the Mental Health and Developmental 
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Disabilities Confidentiality Act and any other statute 
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governing the release of confidential information applicable 
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to the specific type of information for which disclosure is 
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sought.
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    (c)  Disclosure of confidential communications is 
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permissible as follows:
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        (1) When, in the sole discretion of the school 
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    counselor, school psychologist, or school social worker, 
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    disclosure is necessary to prevent serious, foreseeable, 
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    and imminent harm to the student who is the recipient of 
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    school counseling, school psychological, or school social 
 


 






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    work services or other identifiable person or persons; 
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    however, in such circumstances disclosure must be made only 
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    to the extent necessary to achieve the desired purpose of 
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    preventing harm to the recipient or other person or 
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    persons.
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        (2) When disclosure is required by law.
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        (3) When disclosure is required by currently adopted 
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    standards of professional conduct and codes of ethics 
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    applicable respectively to school counselors, school 
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    psychologists, and school social workers.
 

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