Full Text of HB1647 95th General Assembly
HB1647eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by adding Section | 5 |
| 22-41 as follows: | 6 |
| (105 ILCS 5/22-41 new) | 7 |
| Sec. 22-41. School counseling, psychological, and social | 8 |
| work services; confidentiality. | 9 |
| (a) As used in this Section, "information of a personal | 10 |
| nature" does not include routine objective information related | 11 |
| to academic and career counseling. | 12 |
| (b) Any information of a personal nature disclosed by a | 13 |
| pupil 12 years of age or older in the process of receiving (i) | 14 |
| school counseling services, as defined in Section 10-22.24b of | 15 |
| this Code, from a school counselor or school counselor intern; | 16 |
| (ii) school psychological services, as defined in Section | 17 |
| 14-1.09.1 of this Code, from a school psychologist or school | 18 |
| psychologist intern; or (iii) school social work services, as | 19 |
| defined in Section 14-1.09.2 of this Code, from a school social | 20 |
| worker or school social worker intern is confidential. | 21 |
| (c) Any information of a personal nature disclosed to a | 22 |
| school counselor or school counselor intern, a school | 23 |
| psychologist or school psychologist intern, or a school social |
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| worker or school social worker intern by a parent or guardian | 2 |
| of a pupil who is 12 years of age or older and who is in the | 3 |
| process of receiving (i) school counseling services, as defined | 4 |
| in Section 10-22.24b of this Code, from a school counselor or | 5 |
| school counselor intern; (ii) school psychological services, | 6 |
| as defined in Section 14-1.09.1 of this Code, from a school | 7 |
| psychologist or school psychologist intern; or (iii) school | 8 |
| social work services, as defined in Section 14-1.09.2 of this | 9 |
| Code, from a school social worker or school social worker | 10 |
| intern is confidential. | 11 |
| (d) Information disclosed under subsection (b) or (c) of | 12 |
| this Section must not become part of the pupil's record without | 13 |
| the written consent of the pupil who disclosed the confidential | 14 |
| information to the school counselor or school counselor intern, | 15 |
| the school psychologist or school psychologist intern, or the | 16 |
| school social worker or school social worker intern. The | 17 |
| information must not be revealed, released, discussed, or | 18 |
| referred to, except as follows:
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| (1) Discussion with psychotherapists, other health | 20 |
| care providers, or the school nurse, for the sole purpose | 21 |
| of referring the pupil for treatment. | 22 |
| (2) Reporting of child abuse or neglect as required by | 23 |
| law. | 24 |
| (3) Reporting information to the principal or parents | 25 |
| of the pupil when the school counselor or school counselor | 26 |
| intern, the school psychologist or school psychologist |
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| intern, or the school social worker or school social worker | 2 |
| intern has reasonable cause to believe that disclosure is | 3 |
| necessary to avert a clear, imminent risk of serious | 4 |
| physical or mental injury or disease or death being | 5 |
| inflicted upon the pupil who disclosed the confidential | 6 |
| information to the school counselor or school counselor | 7 |
| intern, the school psychologist or school psychologist | 8 |
| intern, or the school social worker or school social worker | 9 |
| intern or upon other persons in the school community, such | 10 |
| as administrators, teachers, school staff, parents, | 11 |
| pupils, and other school community members. | 12 |
| (4) Reporting information to one or more persons | 13 |
| specified in a written waiver of confidentiality, after | 14 |
| this written waiver is read and signed by the pupil and | 15 |
| preserved in the pupil's file. | 16 |
| (e) Notwithstanding any other provision of this Section, a | 17 |
| school counselor or school counselor intern, a school | 18 |
| psychologist or school psychologist intern, or a school social | 19 |
| worker or school social worker intern may not disclose | 20 |
| information deemed to be confidential pursuant to this Section | 21 |
| to the parents of the pupil when the school counselor or school | 22 |
| counselor intern, the school psychologist or school | 23 |
| psychologist intern, or the school social worker or school | 24 |
| social worker intern has reasonable cause to believe that the | 25 |
| disclosure would result in a clear and present danger to the | 26 |
| health, safety, or welfare of the pupil. |
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| (f) Notwithstanding any other provision of this Section, a | 2 |
| school counselor or school counselor intern, a school | 3 |
| psychologist or school psychologist intern, or a school social | 4 |
| worker or school social worker intern shall disclose | 5 |
| information deemed to be confidential pursuant to this Section | 6 |
| to law enforcement agencies when ordered to do so by order of a | 7 |
| court of law or when ordered to testify in an administrative or | 8 |
| judicial proceeding by order of a court of law. | 9 |
| (g) Nothing in this Section shall be deemed to limit access | 10 |
| to a pupil's records. Nothing in this Section shall be deemed | 11 |
| to limit the school counselor or school counselor intern, the | 12 |
| school psychologist or school psychologist intern, or the | 13 |
| school social worker or school social worker intern from | 14 |
| conferring with other school staff, as appropriate, regarding | 15 |
| modification of the pupil's academic program. | 16 |
| (h) It is the intent of the General Assembly that | 17 |
| counselors use the privilege of confidentiality under this | 18 |
| Section to assist the pupil whenever possible to communicate | 19 |
| more effectively with parents, school staff, and others. | 20 |
| (i) Except in cases of willful or wanton misconduct, no | 21 |
| person required by this Section to keep information discussed | 22 |
| confidential may incur any civil or criminal liability as a | 23 |
| result of keeping that information confidential.
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| Section 90. The State Mandates Act is amended by adding | 25 |
| Section 8.31 as follows: |
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| (30 ILCS 805/8.31 new) | 2 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this Act, no reimbursement by the State is required for the | 4 |
| implementation of any mandate created by this amendatory Act of | 5 |
| the 95th General Assembly.
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