Illinois School Counselor Association

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Legislation

ISBE Rules

Topic	Description	Link	Effective Date
PEL Endorsement	Professional Educator License Endorsed for School Support Personnel	PEL Endorsement
School Counselor Endorsement	Endorsement for School Counselors	SC Endorsement
MFT Endorsement	Endorsement for School Marriage and Family Therapists	MFT Endorsement

Evidence Based School Funding-Illinois

Topic	Description	Link	Effective Date
		Public Act 100-0465
FY 2018 EBF Distribution		New Funds being distributed to designated school districts
Includes school counselor funding.		F) Core guidance counselor investments. Each 16 Organizational Unit shall receive the funding needed to 17 cover one FTE guidance counselor for each 450 combined ASE 18 of pre-kindergarten children with disabilities and all 19 kindergarten through grade 5 students, plus one FTE 20 guidance counselor for each 250 grades 6 through 8 ASE 21 middle school students, plus one FTE guidance counselor for 22 each 250 grades 9 through 12 ASE high school students. PDF

Current Laws

Confidentiality

Topic	Description	Link	Effective Date
School Counselor Confidentiality	Protects privileged or confidential communication with a school counselor and prohibits adverse employment action for keeping confidentiality.	Public Act 96-28	1/01/2010
LCPC/LPC Licensure Law	Covers anyone licensed regardless of work setting. Requires confidentiality. Also requires compliance with Mental Health and Development Disabilities Confidentiality Act.	Licensure Law - Privileged information	07/01/2012
Increases sessions from 5 to 8	Increases from 5-8 the number of outpatient therapy sessions which may be offered to a minor without parental consent	PDF	8/18/2017

Licensure

Topic	Description	Link	Effective Date
School Counselor Licensure	How to get licensed as a School Counselor in Illinois	How To
Licensure after convictions	sealed records of conviction or arrest and prohibits entities authorized to grant professional licenses	SB 2053	8/4/2017
School Counselor Title Protection	Requires a job titled "School Counselor" can only be filled by a person with the PEL license "School Counselor"	Public Act 100-1136	11/30/2018

Clear and Present Danger

Topic	Description	Link	Effective Date
Clear and Present Danger	Mandated reporting for students who are a clear and present danger to themselves or others	IL State Police FAQ
School Administrator Reporting of Mental Health: Clear and Present Danger Determinations Law	Duty of school administrator to report to the Department of State Police when a student is posed as dangerous to himself, herself, or others.	Illinois State Police Reporting Instructions
Clear and Present Danger Definition	Definition in law	Definition

Trainings and Endorsements

Topic	Description	Link	Effective Date
Sexual Abuse Prevention Training	Amended the Health Education Act to include age-appropriate sexual abuse and assault awareness.	Public Act 97-1147	1/24/2013
Erin's Law	Created a Task Force on the Prevention of Sexual Assault. Adopts and implements a policy addressing sexual abuse of children that may include age-appropriate curriculum for students in Pre-K through fifth grade.	Public Act 96-1524	2/14/2011
Suicide Warning Signs Training	Training mandated on warning signs of suicidal behavior.	Suicide Training Mandate
Identify Suicide and Mental Illness	Required school personnel who work with pupils in grades 7-12 shall be trained to identify the warning signs of mental illness and suicidal behavior.	Publlic Act 98-0471	1/01/2014
Authorization for LCPCs	Adds LCPC as authorized to order restraints. The law already includes LCSW.	Public Act 098-0137	08/02/2013
Principal Endorsement for School Counselors	Allows school counselor experience to qualify for a principal endorsement	Principal Endorsement	8/22/2017
Mental Health Staff Training	Requires schools to provide mental health training.	Public Act 100-0903	1/1/2019

Health and Safety

Topic	Description	Link	Effective Date
Sex Education	School districts that do not provide sex education are not required to do so, but that if a course is offered in any of the grades 6-12, the district may choose to adapt the complete sex education curriculum that meets specific needs of its community. Sex education courses shall emphasize that abstinence is a responsible and positive decision that is the only protection that is 100% effective.	Public Act 098-0441	01/01/2014
Communicable Disease Disclosure	Amends the Communicable Disease Prevention Act reporting requirements regarding children diagnosed with or testing positive for HIV or AIDS. The act previously required the Department of Public Health or local health departments to notify the principal of the child's school. HB 61 repealed the requirement.	Public Act 098-0353	01/01/2014
Student Optional Disclosure of Mental Health	Provides that all institutions of higher learning shall supply the student with the opportunity to per-authorize in writing the disclosure of certain private medical health information to a designated person.	Public Act 099-0278	1/02/2016
Pregnant Teens	Just because a student happens to be a minor who attends school in a particular district and then becomes pregnant doesn't establish a duty for the school to notify the parents of her pregnancy.	A duty to notify?
GLSEN - Transgender School Policy	Gay, Lesbian, & Straight Education Network - Model District Policy on Transgender and Gender Nonconforming Students, which outlines best practices for schools to ensure that all students are safe, included, and respected in school.	GLSEN - Transgender School Policy
ILHSA - Transgender School Policy	Illinois High School Association - Recommended Gender Equity Waiver & Transgender Policy	Links to Waiver & Trans Policy
Child Bereavement Leave Act	Creates the Child Bereavement Leave Act and amends the State Finance Act. Provides that an employee may use specified amounts of bereavement leave to grieve the death of the employee's child, attend services, or make arrangements.	Public Act 099-0703	07/29/2016
Gang Activity	In a school district other than the Chicago School District, a principal will have the responsibility to utilize the resources of law enforcement when the safety and welfare of students and teachers are threatened by illegal use of possession of weapons, or by illegal gang activity. Illegal gang activity is an offense under which the courts or police must report to the principal when a student is detained.	Public Act 098-0059	1/01/2014
Concealed Carry	Prevents those licensed to concealed carry from knowingly carrying a firearm on or into school property.	Public Act 98-0063	07/09/2013
Student Discipline	Eliminates zero tolerance policies and many other changes.	Public Act 099-0456	09/15/2016
Mental Health Youth Protection	Provides that no mental health provider shall engage in sexual orientation change efforts with a person under the age of 18. Defines "mental health provider".	Public Act 099-0411	01/01/2016
Epinephrine Auto-Injectors (epi-pen)	Any designated personnel may administer an Epinephrine auto-injector.	Public Act 98-0795	08/01/2014
Telemedicine	Amends the Medicaid law so that a healthcare professional need not be in the same room as the patient	PDF	8/18/2017
Parental Notification	Provides that counseling services or psychotherapy on an outpatient basis provided to a minor 12 years of age or older must be provided by, or under the supervision of, a licensed service provider.	Public Act 100-0196	1/1/2018
School Suspension	School suspension program promoting non-violent conflict resolution	Public Act 100-1035	8/22/2018

Student Resources

Topic	Description	Link	Effective date
Social Network Password	Makes it a petty offense for a post-secondary school to request or require a student of parent/guardian to provide a password or other account information in order to gain access to a student's account or profile on a social networking website. Schools must provide notification of this protection by publishing it in the schools handbook and/or disciplinary policy.	Public Act 98-0129	01/01/2014
FERPA	Family Educational Rights and Privacy Act - federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. When a student turns 18, the rights under FERPA transfer from the parents to the student.	Power Point explaining FERPA
AP Exams	Lowers passing AP score to 3, 4, or 5. Beginning 2016-2017 academic year.	Public Act 099-0358	8/13/2015
Threatening a Public Official	Adds "human service provider" to the list of individuals included in the offense of "threatening a public official"	Public Act 98-0529	01/01/2014
Postsecondary and Workforce Readiness Act	Creates the Postsecondary and Workforce Readiness Act	Public Act 99-0674	07/29/2016
AP Computer Science Courses	An AP Computer Course can fulfill mathematics graduation requirements.	Public Act 098-0885	08/15/2014
Bring Parent to School Day	Sets the first Monday in October as "Bring Your Parents to School Day".	Public Act 098-0304	01/01/2014
School Counselor Definition	A qualified specialist who holds a School Service Personnel certificate endorsed in school counseling issued pursuant to Section 21-25 of the Illinois School Code. 10-22.24a. 10-22.24b.	105 ILCS School Code	07/10/2003
Student Records Act	Provides request to inspect and copy records must be granted no later than 5 business days (rather than 15 school days)	SB 1483	7/28/2017
Parenting Education	Requires high schools to provide parenting education which include mental and emotional aspects of life.	Public Act 100 1043	8/23/2018
SEL	Curriculum guidelines and best practices on emotional intelligence and social and emotional learning	Public Act 100-1139

Other Resources

Topic	Description	Link
School Counselor Interns	Proposed Amendments to Part 25 (Educator Licensure)	Illinois Content Area Standards
Student Loan Forgiveness	Public Service Workers	Student Loan Forgiveness
School Service Personnel	Illinois Certification Process	ISBE Certification
ESSCP	Elementary and Secondary School Counseling Program: Funding for the development of school counseling programs	U.S. Department of Education
Amended to Title protection for school social workers	Amended to Title protection for school social workers	Social Workers
Funds School Counselors	Amends the School Code. Provides that beginning July 1, 2018, every school district, charter school, or alternative school or any school receiving public funds shall collect and review its chronic absence data and determine what systems of support and resources are needed to engage chronically absent students and their families to encourage the habit of daily attendance and promote success.	SB1947

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