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 ConfidentialityProtects 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 5-8   Increases from 5-8 the number of outpatient therapy sessions which may be offered to a minor without parental consent   PDF   8/18/2017
 Student Record

Amends the Illinois School Student Records Act. Provides that a parent's or student's request to inspect and copy records under the Act must be granted no later than 5 business days

SB1483 2018

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 DefinitionDefinition 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 licensed school personnel and administrators who work with grades K-12 to be trained, once every two years, to identify the warning signs of mental illness and suicidal behavior in youth and be taught appropriate intervention and referral techniques
 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
 Social-Emotional screening Requires an age-appropriate and developmentally appropriate social and emotional screening to be included as part of the examinationsPublic Act 99-0927 1/20/2017
 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 resolutionPublic 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
 Class of 2020 Grad Requirements Suspends the requirement for state assessments 105 ILCS 5/1-1, Constitution exam, PE, Foreign Language requirement, certain courses needed to receive a high school diploma Illinois School Code, 105 ILCS 5/27-22(e)Governor Executive Order 2020 31 4/24/2020 
 FAFSABeginning with the Class of 2021, students must either complete a Free Application for Federal Student Aid, an Alternative Application for Illinois Financial Aid, or an approved waiver to receive a high school diploma.
ISBE FAFSA Non participation Form (English)		Public Act 101-0180 2020/2021 school year
 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
 SELCurriculum guidelines and best practices on emotional intelligence and social and emotional learning
Public Act 100-1139
 

Other Resources

Topic
 Description
 Link
 State School Counseling MandatesASCA Resource - Lists by state if school counseling is mandated and by which grades including funding sources.  ASCA 
 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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