Illinois General Assembly - Full Text of HB0212
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Full Text of HB0212  102nd General Assembly

HB0212 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0212

 

Introduced 1/22/2021, by Rep. Deb Conroy

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-90 new

    Amends the School Code to create the Mental Health Task Force for Communication, Intelligence, Empathy, Emotion, and Empowerment. Provides that the purpose of the task force is to explore and determine a method and program for all students in primary and secondary school to receive mandated mental health care. Sets forth the membership of the task force. Contains provisions concerning the intent of the program, the goals of mandated health care, and task force meetings, duties, and reporting. Repeals these provisions on January 1, 2023. Effective immediately.


LRB102 10171 CMG 15493 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0212LRB102 10171 CMG 15493 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-90 as follows:
 
6    (105 ILCS 5/22-90 new)
7    Sec. 22-90. Mental Health Task Force for Communication,
8Intelligence, Empathy, Emotion, and Empowerment.
9    (a) The General Assembly makes all of the following
10findings:
11        (1) Mental health is not specific to any faith, color,
12    community, gender, or socioeconomic standard. It applies
13    to everyone. It impacts everyone. Access and availability
14    to mental health services is a human right. A right that
15    should be available to all people. The removal of the
16    stigma that society has historically placed upon those
17    seeking to obtain mental health services begins with
18    education and accessibility to mental health services for
19    all persons. Removing the stigma of mental health care
20    could be one of the greatest gifts that our State can give
21    to our children and to our society and a standard that
22    other states should follow.
23        (2) The State of Illinois has a social and ethical

 

 

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1    responsibility to help guide Illinois youth by providing
2    necessary resources for mental health care. Providing
3    resources for students to learn how to effectively
4    articulate their thoughts and feelings and to become
5    emotionally responsible shall provide the tools and skill
6    sets needed to succeed professionally and personally
7    throughout the course of a lifetime.
8        (3) Our schools and educational systems continue to
9    operate with the highest of expectations and with minimal
10    resources. We can no longer ask or expect our schools and
11    educators to fill the much-needed gaps in mental health
12    development, including social and personal growth.
13    Additional resources are necessary to address and resolve
14    significant social problems and issues that include, but
15    are not limited to, mass shootings, racism,
16    cyber-bullying, special needs, adaptation to emerging
17    technologies, the unknown long-term consequences of the
18    use of those technologies, a global pandemic, human
19    trafficking, and unspeakable trauma and abuse.
20    (b) The Mental Health Task Force for Communication,
21Intelligence, Empathy, Emotion, and Empowerment is created as
22a proactive and preventative approach to protect and empower
23our State and nation.
24    (c) The primary purpose of this task force is to explore
25and determine a method and program for all students in primary
26and secondary school to receive mandated mental health care.

 

 

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1    The overarching intent of the program is to provide open
2access to mental health care for everyone, but the program
3shall begin with students enrolled in grades kindergarten
4through 12. The goals of mandated health care are to:
5        (1) create empathy in students for other students
6    whose needs may differ from their own;
7        (2) teach emotional responsibility and empowerment;
8        (3) remove the stigma of seeing a mental health
9    provider through exposure and education;
10        (4) normalize counseling by also approaching it as a
11    sort of life-coaching application to which all students
12    should have access;
13        (5) teach and develop interest in the field of mental
14    health so that our youth will have a solid and applicable
15    approach as needs change with evolving emerging
16    technologies;
17        (6) ensure that the science of psychology evolves with
18    advancements in technology by normalizing mental health
19    care and incorporating it into the daily lives of future
20    mental health care providers;
21        (7) determine a method for the collection of data for
22    evaluating the needs, progress, and successes of the
23    program that does not reveal or expose student identities;
24        (8) determine data markers that may be delineated
25    geographically for the purpose of future funding and the
26    allocation of resources, with the resources required to

 

 

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1    collect, store, and administer the data being reported in
2    the findings submitted by the task force under subsection
3    (j); and
4        (9) establish consistent and clear procedures among
5    State and local agencies concerning the manner in which
6    the mental health records of students are legally
7    collected, stored, sealed, and expunged under the program.
8    (d) Members of this task force shall represent the
9magnitude and importance of mandated mental health care and
10mental health education for students. This task force shall
11include all of the following members:
12        (1) Ten professional mental health providers whose
13    licensure and practice specialize in child and adolescent
14    care, who employ culturally sensitive, evidence-based
15    practices, and who hold current and good standing
16    licensure in the State of Illinois that has never been
17    suspended or revoked as follows:
18            (A) Two professional clinical psychologists
19        licensed under the Clinical Psychologist Licensing Act
20        as follows:
21                (i) One clinical psychologist appointed by the
22            Governor.
23                (ii) One clinical psychologist appointed by
24            the Lieutenant Governor.
25            (B) Two psychiatrists licensed under the Medical
26        Practice Act of 1987 as follows:

 

 

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1                (i) One psychiatrist appointed by the
2            Governor.
3                (ii) One psychiatrist appointed by the
4            Lieutenant Governor.
5            (C) Two professional clinical social workers
6        licensed under the Clinical Social Work and Social
7        Work Practice Act as follows:
8                (i) One clinical social worker appointed by
9            the Governor.
10                (ii) One clinical social worker appointed by
11            the Lieutenant Governor.
12            (D) One clinical professional counselor and one
13        professional counselor licensed under the Professional
14        Counselor and Clinical Professional Counselor
15        Licensing and Practice Act as follows:
16                (i) One clinical professional counselor
17            appointed by the Governor.
18                (ii) One professional counselor appointed by
19            the Lieutenant Governor.
20            (E) Two licensed marriage and family therapists
21        licensed under the Marriage and Family Therapy
22        Licensing Act as follows:
23                (i) One marriage and family therapist
24            appointed by the Governor.
25                (ii) One marriage and family therapist
26            appointed by the Lieutenant Governor.

 

 

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1        (2) One full-time school nurse or one nurse who is a
2    member of the United States Congress licensed under the
3    Nurse Practice Act and holding current and good standing
4    licensure in the State of Illinois that has never been
5    suspended or revoked, appointed by the Lieutenant
6    Governor.
7        (3) Six members of the General Assembly as follows:
8            (A) Two members of the General Assembly who are
9        appointed by the Speaker of the House of
10        Representatives.
11            (B) Two members of the General Assembly who are
12        appointed by the President of the Senate.
13            (C) One member of the General Assembly who is
14        appointed by the Minority Leader of the House of
15        Representatives.
16            (D) One member of the General Assembly who is
17        appointed by the Minority Leader of the Senate.
18        (4) Four school board members who are appointed by the
19    Illinois Association of School Boards as follows:
20            (A) One member of the Chicago Board of Education.
21            (B) One school board member of a school district
22        other than City of Chicago School District 299 that is
23        located north of Interstate 80.
24            (C) One school board member of a school district
25        located south of Interstate 80 and north of Interstate
26        72.

 

 

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1            (D) One school board member of a school district
2        located south of Interstate 72.
3        (5) Three school district superintendents from the
4    geographic regions identified by the Illinois Association
5    of Regional Superintendents of Schools and who are
6    appointed by the Illinois Association of School
7    Administrators as follows:
8            (A) One superintendent from region 1 or 2.
9            (B) One superintendent from region 3 or 4.
10            (C) One superintendent from region 5 or 6.
11        (6) Three full-time principals appointed by the State
12    Board of Education as follows:
13            (A) One full-time principal of a primary school.
14            (B) One full-time principal of a secondary school.
15            (C) One full-time principal of a special education
16        school.
17        (7) Three full-time teachers appointed by the State
18    Board of Education as follows:
19            (A) One full-time teacher of a primary school.
20            (B) One full-time teacher of a secondary school.
21            (C) One full-time special education teacher.
22        (8) Three parents who have children currently enrolled
23    in a primary or secondary school and who are appointed by
24    the State Board of Education as follows:
25            (A) One parent who has a child enrolled in a public
26        school.

 

 

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1            (B) One parent who has a child enrolled in a
2        nonpublic school.
3            (C) One parent who has a child with special needs
4        enrolled in a public or nonpublic school.
5        (9) Two members who represent emerging technology
6    industries, preferably with a strong presence in science,
7    technology, engineering, arts, and mathematics (STEAM)
8    programs, as follows:
9            (A) One member appointed by the Governor.
10            (B) One member appointed by the Lieutenant
11        Governor.
12        (10) Three student representatives as follows:
13            (A) One high school student who, for the duration
14        of the task force, is in attendance at a high school
15        located north of Interstate 80 and who is appointed by
16        the Governor.
17            (B) One high school student who, for the duration
18        of the task force, is in attendance at a high school
19        located south of Interstate 80 and north of Interstate
20        72 and who is appointed by the Lieutenant Governor.
21            (C) One high school student who, for the duration
22        of the task force, is in attendance at a high school
23        located south of Interstate 72 and who is appointed by
24        the Governor.
25    To assist the task force in establishing the best legal
26and ethical practices for protecting the privacy,

 

 

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1confidentiality, and identity of students who participate in
2the program and to ensure consistency in the application of
3these practices, as well as laws, among State agencies and
4entities, the State Board of Education shall consult, as
5necessary, with the appropriate agencies and entities who
6handle and administer the legal, safety, or reform interests
7of juveniles.
8    (e) The task force shall meet initially at the call of the
9State Board of Education within 45 days after the effective
10date of this amendatory Act of the 102nd General Assembly and
11shall thereafter meet at the call of the State Board of
12Education. At its initial meeting, the task force shall elect
13a chairperson or chairpersons and any other officers it deems
14appropriate from among its members and shall establish and
15approve a meeting schedule under the advisement of the State
16Board of Education. The task force shall meet by
17videoconference, teleconference, or any other method
18determined to be an efficient use of State resources by the
19State Board of Education.
20    (f) Due to the size of the task force, the State Board of
21Education and the chairperson or chairpersons of the task
22force shall, at the task force's initial meeting, determine a
23scalable means to efficiently administer the task force.
24Options may include that one member from each group or
25profession represented on the task force be selected to
26represent that member's designated group or profession or that

 

 

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1members of each group or profession alternate their attendance
2at meetings. If an appropriate scalability is determined, it
3shall be the responsibility of the members of each group or
4profession to communicate within their group or profession
5about the agenda of each meeting and to also confirm which
6member will be in attendance. To promote efficiency and
7transparency among the members of the task force, the State
8Board of Education may arrange for a shared channel or other
9similar means of electronic communication for members of the
10task force to communicate with each other and to upload
11documents. The State Board of Education and the chairperson or
12chairpersons of the task force may collaborate with other
13State task forces whose missions are similar in purpose and
14nature to the task force created under this Section.
15    (g) Members of the task force shall serve without
16compensation but shall be reimbursed for their reasonable and
17necessary expenses from funds appropriated to the State Board
18of Education for that purpose, including travel, subject to
19the rules of the appropriate travel control board.
20    (h) The task force shall receive administrative and other
21support from the State Board of Education. Additionally, the
22Department of Innovation and Technology may provide technical
23advice and guidance to the task force on the collection of
24data.
25    (i) The task force shall determine the feasibility and
26funding of and the best course of action to implement the

 

 

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1program. This course of action shall include the type of
2provider or providers and the frequency of seeing the provider
3or providers. The course of action may include pilot programs
4throughout this State, including pilot programs that use and
5provide access to telehealth services as described under the
6Telehealth Act.
7    (j) The task force shall submit a report of its findings to
8the Governor and the General Assembly on or before December
931, 2022. Once the task force has submitted its report and a
10positive course of action is set in place, all of the following
11shall apply:
12        (1) A parent or guardian of a student has the option to
13    exclude the student from the program.
14        (2) Mental health records may not become a part of the
15    student's school record.
16        (3) Safety standards in mental health and child care
17    reporting shall remain in place.
18    (k) The task force is dissolved upon submission of its
19report under subsection (j).
20    (l) This Section is repealed on January 1, 2023.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.