An Act to revise provisions regarding confidential communications between a student and certain school employees.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

13-10-19. Communications--Student and counselor, psychologist, or social worker--Exceptions.

A counselor or school psychologist, certificated in accordance with the certification rules of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26, who is regularly employed as a counselor, school psychologist, or social worker for a private or public elementary or secondary school or school system in this state, may not disclose to any other person a custodial parent or legal guardian any information or communication exchanged between a student who is an unemancipated minor and the counselor, school psychologist, or social worker in the counselor's, school psychologist's, or social worker's official capacity unless a the counselor, school psychologist, or social worker has reason to suspect the student may have been subjected or exposed to child abuse, neglect, or other illegal conduct by the student’s custodial parent or legal guardian of the student permits the disclosure in writing or the information or communication is prohibited from disclosure by federal law. The counselor, school psychologist, or social worker may not disclose the information or communication to any other person unless the parent or legal guardian provides written consent to the disclosure on a separate form specifically authorizing the disclosure.

Notwithstanding any other provision in this section, a counselor, school psychologist, and social worker shall disclose to a custodial parent or legal guardian of a student who is an unemancipated minor any information or communication between the student and the counselor, school psychologist, or social worker, unless the counselor, school psychologist, or social worker has reason to suspect the student may have been subjected to child abuse by that parent or legal guardian.

Section 2. That § 26-8A-15 be AMENDED:

26-8A-15. Communications not privileged in child abuse or neglect cases.

The privilege of confidentiality set forth in §§ 13-10-19, 19-2-3, 19-19-503, 19-19-504, 19-19-508.1, and 36-26-30 may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child pursuant to §§ 26-8A-3 to 26-8A-8, inclusive.

Section 3. That § 19-19-508.1 be REPEALED.

19-19-508.1. Student and counselor, psychologist, or social worker--Exceptions.