Bill Status of HB5188 95th General Assembly
Short Description: SCH RECORDS-CONFIDENTIALITY
Rep. Sandra M. Pihos, Bob Biggins, Renée Kosel, Robert W. Pritchard, Sidney H. Mathias, Ronald A. Wait and Raymond Poe
(Sen. Dan Cronin)
| 1/13/2009||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Illinois School Student Records Act. Provides that a confidential communication made by a student 12 years of age or older or by a parent or a guardian of a student who is 12 years of age or older must not be disclosed without the voluntary written consent of the person who originally disclosed the information. Provides that a confidential communication made by a student under the age of 12 years may be disclosed to the parent or guardian of the student. Sets forth requirements concerning the consent. Provides that a confidential communication must not become part of the school student record without express written consent. Sets forth the circumstances under which a confidential communication may be disclosed without voluntary written consent. Provides that any person participating in good faith in the making of a report under the Abused and Neglected Child Reporting Act or in the disclosure of information contained in a confidential communication under the Illinois School Student Records Act shall have immunity from liability, civil, criminal, or otherwise, that might result by reason of such action, except in cases of willful or wanton misconduct. Makes related changes. Amends the State Mandates Act to require implementation without reimbursement.
House Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the Illinois School Student Records Act. For purposes of certain provisions concerning confidential communications, defines "psychotherapist" as a person who is a school social worker, school psychologist, or school counselor, as those terms are defined in the School Code, or an intern working under the direct supervision of a school social worker, school psychologist, or school counselor. Effective immediately.